A trade mark is a form of intellectual property that consists of a recognisable sign, design, or expression. Its purpose is to distinguish and designate ownership of the products or services on which it appears, in addition to distinguish them from those associated with other competing entities such as manufacturers or dealers.

In order to protect your intellectual property and ensure that no one else can use your name or emblem as a trade mark. In order to prevent a third party from utilizing your logo or name to conduct business, registering a trade mark is typically your best choice to protect your brand.

A word, phrase, or a logo/device can be registered as a trade mark. One is also able to register a unique colour, shape or sound as a trade mark.

A registered trade mark is protected in perpetuity if renewed every 10 years against payment of the mandatory renewal fee, as long as the mark is used and renewed every ten years it can remain in use permanently.

Registration of a trade mark in South Africa might take anything from six months to a year, however once the trade mark application has been submitted, you are protected from competition from a third party who might submit the same or similar trade mark as the trade mark office will object to the third party application as your application was filed first, there may be certain exceptions to this if for eg. The third party can prove common law trade mark rights. A trade mark application may take between 18 to 36 months to pass to registration. You will only need to renew your trade mark after 10 years from the day the application was submitted.

The application is submitted to the Trade Mark Registry, and an official filing number is issued. The filling date is used to determine a Trademark’s 10-year term, after which it must be renewed by paying a renewal fee.

Trade Marks Act 194 of 1993

Attorney fees and official fees are all subject to exchange rate fluctuations. They do not include any prosecution costs that may be incurred during the examination of the mark or if a third-party objects to the use of the mark in advertising. Costs are typically quoted for a single trade mark.

Assignment allows for the transfer of ownership of a trade mark. Alternatively, you may license your trade mark to a third party, who would then pay you royalties for the use of your trade marks.

Trade mark registration is national-specific, registering a mark in South Africa does not grant you protection abroad. As a result should you wish to market your products in other countries, it would be in your interests to register your trade mark in that country.

A registered design means the features of shape, configuration, pattern or ornament applied to an article by an industrial process or means, being features which in the finished article appeal to and are judged by the eye. Designs are registered based on their functionality or aesthetic appeal.

One should register a design to monopolise the design to the exclusion of third parties. An aesthetic design is protected for 15 years and a functional design is protected for 10 years, from date of the filing of the application. Renewal fees are payable.

Your Application will be filed within 1-2 working days. The registration of the design occurs within 9-12 months of the application being filed.

Copyright is the right given to the author or proprietor of a work that is reduced to material form, the author must be a qualified person. Copyright is property and may be sold, assigned or licensed for use by others.

Copyright vests in Literary works (including novels, stories, poems, stage directions, textbooks, essays, letters, reports, instruction manuals, written tables and compilations, etc);Computer programs and software; Artistic works (including paintings, sculptures, drawings, engravings, photographs, works of architecture and technical drawings);Musical works;
Cinematographic films; and Radio and television broadcasts.

The owner of the copyright in a work is generally the creator or author of the work.

Can one register their copyright in a work in South Africa.

In South Africa only cinematograph films may be registered for copyright protection.

For all other works, you can create your own copyright by including the words “copyright” or “copyright reserved” or the internationally recognised copyright symbol followed by your name and the year eg. © Shadrach LL 2008 on your original work.