Companies and Intellectual Property Commission

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A trade mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it trademark companies in south africa the goods and services of another.

Thus a brand name is a word or combination of words e. A slogan is a short phrase or a sentence, and a logo is a distinctive picture or symbol. They provide a distinctive identity in the marketplace and can apply to both products and services. Trademark companies in south africa a trade mark brand name, slogan or logo has been registered, nobody else can use this trade mark, or one that is confusingly similar.

If this happens, legal action may result. A trade mark can only be protected as such and defended under trademark companies in south africa Trade Marks ActAct of if it is registered. Unregistered trade trademark companies in south africa may be defended in terms of common law.

The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered trade mark the exclusive right to use that mark.

CIPC administers the Register of Trade Marks which is the record of all the trade marks that have been formally applied for and registered in the Republic of South Africa.

A registered trade mark can be protected forever, provided it is renewed every ten 10 years upon payment of the prescribed renewal fee. The following are examples of trade marks for which registration will be refused, because they are not capable of distinguishing for purposes of the Trade Marks Act. In other words, they cannot serve the purpose of distinguishing the goods or services of one trader from those of another trader.

Should we register the mark, the owner of the registration would acquire the exclusive right to use this phrase and thereby prevent all other traders from using it.

This cannot be allowed. The word CHEESE cannot serve as a trade mark for cheese, as it will not distinguish the cheese manufactured by one trader from that of another. It will thus not serve the purpose of a trade mark.

Trademark companies in south africa the word SERVER should be registered for computer services, nobody in that field of industry would be able to use the word in their everyday practice. This would be unfair to the traders in the specific industry and also detrimental to trade. Therefore, the Act prohibits the registration of words or phrases reasonably required for use in the specific field of trade.

However, the word SERVER may be registered for clothing, because in that field the word is not in common use in the normal course of trade. Companies and Intellectual Property Commission. Must a Trade Mark be Registered. What is the Lifespan of a Trade Mark? Photo copies of documents - R1. Inspection of register, a file or documents - R4. For collating documents for certification - for every words or part thereof - R4. Certification of extracts from Register or documents per document - R Life Cycle of a Trade Mark.

A trade mark is registrable if: Examples of Non-Registrable Trade Marks. Please note that the CIPC systems will be unavailable for maintenance as follows: Friday, 16 March - 17h00 EN….

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It protects the company name and is an asset in the business. The most important part of any Trade Mark application is the specification of goods or services. In terms of Section 11 1 of the Act a Trade Mark must be registered in respect of goods or services falling into a particular class. All goods and services fall into one of 45 classes. We will assist you to ensure you choose the correct class es for the necessary protection. These classes are subdivided in Thirty four 34 classes for goods; and eleven 11 for services.

It is a source of exclusivity. Registering a Trade Mark is the best, safest, quickest and most cost effective way to ensure legal exclusivity for the use of your company name or logo etc. No one else will be able to use your brand! Your business value will increase as a Trade Mark is one of the most important assets a Company can have. Any potential purchaser of your business will be willing to pay more for the goodwill that you have built up under your Trade Marked Brand. A Trade Mark is a badge of quality in relation to price.

People will know that goods or services bearing the same Trade Mark will be of consistent and predictable quality. This step is highly recommended to determine whether you should proceed with the Trade Mark application or rather adjust it.

If your brand will cover a few categories, you will need to register for additional classes at R per class. After the 1st Phase is finished we can continue with the 2nd Phase. This process costs R — payable after the 1st Phase has been completed. This process will be in the hands of the Trade Mark Registrar whom is to decide if your application passes all the criteria. Read more about this process below the application form. The Registrar examines the application in order to ascertain whether any of the grounds for refusal of registration apply.

This examination includes a search of the register to ascertain whether the Trademark applied for is confusingly similar to a Trademark on the register or the subject of a pending application.

The Registrar may refuse the application, or may accept it absolutely or subject to such conditions, amendments, modification, limitations. The applicant may then amend the application or make representations to the registrar. Once the Registrar has accepted the application, the applicant or the Registrar causes acceptance of the application to be advertised in the Trademark Journal. The application is open to opposition by interested parties for a prescribed period.

An application may be opposed on any one or more of the grounds on which a Trademark registration may be refused. If the application has been accepted and advertised, and either 1. Before applying for the registration of a Trademark, it is highly advisable to conduct a search of the register in each class which the applicant intends to make a Trademark application.

This is to establish whether there are any confusingly or deceptively similar Trademarks which could present an obstacle to the registration of a Trademark. Please note that if an applicant intends to conduct a search in more than one class, a separate search is required for each class in which a applicant intends to make a Trademark application.

It must be noted that if the applicant applies for a Trademark in more than one class, a separate application with its own specification is required for each class in which application is made. You will not have a statutory action available against anyone who uses a same or similar mark on goods or services in respect of which the mark has been registered.

If you Trademark is registered it serves as prima facie proof of the validity of the Trademark and title to the mark. The process from A to Z was without any hitches and the turn around time was amazing. Keep up the good work guys and see you in the near future. It was only a pleasure dealing with your company. I think you are a professional outfit. Thank you very much for your professional, impeccable communication service via the internet and sms and quick responses to all my needs as a new customer in registering my business with you.

A friend referred me to you and I am very happy and satisfied that I followed his advice. I already told a few friends of mine about your services and I am sure that they will be registering their upcoming business with you shortly.

Thank you and keep up the good work. Just complete and submit the easy online registration form below and a friendly Consultant will contact you. Advantages of registering a Trade Mark 1. Cost and Timeframes for Trade Mark Registration: R After the 1st Phase is finished we can continue with the 2nd Phase.

APPLY within 1 minute by completing our easy online application form below. The Application Process 2nd Phase of registration includes: Examination of the Trademark i. Dangers of not having a Trademark 1. You will not have any legal exclusivity of your name, logo etc. Managing Director April 12th, admin. Managing Director September 27th, admin. Karel Vermeulen September 27th, admin. Managing Director Fair Pact Suppliers.

Service has been 10 out of