How to register a trademark
Your name and logo are what customers remember, so they are worth protecting. Registering a company name does not do that. A registered trademark does. Here is how it works in South Africa.
Company name versus trademark
Registering a company name with CIPC stops another company registering the same name, but it does not give you exclusive rights to use it as a brand. A registered trademark does, for the goods or services it covers, and lets you act against anyone who copies it.
Search first
Before you apply, search the trademark register for marks that are the same or similar in your field. An application that clashes with an existing mark is likely to be opposed or refused, and the fee will not come back.
Choose your classes
Trademarks are registered in classes of goods and services, and protection only covers the classes you register. A cleaning company and a clothing brand with the same name can sometimes both exist, because they are in different classes. Pick every class you genuinely trade in, or plan to.
The process
Applications are filed with CIPC. The application is examined, then advertised so that others can oppose it, and only then registered. It takes time, often well over a year, but your rights date back to the filing date. A trademark attorney can search, choose classes and file for you.
Common questions
Is my business name protected once I register my company?
Not as a brand. Company registration stops another company registering the same name, but only a registered trademark gives exclusive rights to use the name for your goods or services.
Where do I register a trademark in South Africa?
With CIPC, the Companies and Intellectual Property Commission, which also keeps the trademark register.
How long does a trademark registration take?
Often well over a year, because applications are examined and then advertised for opposition before registration. Protection dates back to the filing date.