Starting Business provide trademark services to a range of individuals and business entities worldwide from trademark design services to registration and renewal. Our skilled consultants will administer all the documentation on your behalf and ensure an in depth search is performed prior to filing for registration in your selected jurisdictions.
We are fully equipped to assist you in all areas of South Africa trademarks by utilizing our international resources.
The intellectual property office in South Africa is known as the CIPC – Companies and Intellectual Property Commission. The CIPC was created as a result of a merger between the Office of Companies and Intellectual Property Enforcement and the Companies and Intellectual Property registration Office, OCIPE and CIPRO respectively.
It is important for all South Africa trademarks to be capable of being represented graphically and to be unique and distinctive against the marks of others. If a trademark has already been used in South Africa is will not be possible to register the mark and gain exclusive rights over it. If the mark is available, and in the following format – words, letters, shapes, ornamentation, colours, names or designs, or a combination thereof, the mark is likely to gain registration.
The validity period of a South African trademark is 10 years and can be renewed every 10 years thereafter provided the mark has been used in compliance with the relevant trademark law in South Africa. Under South Africa trademark law, those which have not been used for a specified period of time will be removed and all rights revoked from the owner.
The Trademarks Act 1993 is the legislation used to regulated and enforce South Africa trademark rights. It should be noted that protection of a South Africa trademark only extends to the boundaries of South Africa.
South Africa trademarks are only guaranteed legal protection when registered in accordance with the Trademarks Act 1993. For unregistered marks, protection is awarded under common law however it is highly advisable to register the mark to avoid complex legal proceedings in proving the rights associated with an unregistered mark.
The Trademarks Act 1993 provides scope on marks which can and cannot be registered. It also stipulates what constitutes trademark infringement and the available remedies under the Act.
Starting Business can offer expert consultation for your South Africa trademark registration, from assisting you with the initial search to administering the relevant documentation. We are experienced in all aspects of the registration process, from the initial designing process to the ensuring of successful renewals.
To begin the process of registration, place your order by completing our Trademark Application.