Trademark Registration in South Africa

Did you know that Pretoria, South Africa have the second highest high commissions and embassies count in the world after Washington DC.  On last count a complete 134 registered embassies.

Now you’re wondering what in heaven’s name does this fact have in common with trademarks or Intellectual Property work... Well... I’ll tell you why: As the powerhouse of Africa most overseas and local trademarks have their first filing footprint in South Africa and more so in Pretoria where the CIPC or Companies and Intellectual Property Commission is based. Another two sister offices are held in Johannesburg and Cape Town. The main CIPC body is however reliant on the Pretoria Headquarters. Fuchs Trademarks are also only a stone throw from the CIPC premises which make filing and correspondence much easier for our national and international clients we serve and service. Pretoria is where we have done our work meticulously for the last 12 years, since 2004.

Why file a trademark? What are the benefits of trademarks?

  1. You protect your brand, product or company name and/or logo against infringement and unnecessary legal implication.
  2. You invest in the legal possession of your own brand in order to grow its value. It’s important to know before filing your mark that there are two distinctive types of trademarks namely Verbal (the name you protect without the logo) or then Figurative trademarks that embodies either a logo or design of whatever type of mark or logo or then a creative combination of word, message (slogan or catchphrase) and logo you wish for.

Your trademark can represent many aspects and   your business, brand, company, public

Major benefits of trademarks depending on how you want to use them:

  1. Help you to franchise your vision for example a chain of fast food outlets, a geographical area/city/suburb franchise of a group of real estate outlets or a chain of printer shops across the country.  You will be the laughing stock of bad business acumen if your trademarks aren’t in place before you seek franchise investors. 
  2. Your trademark helps securing you royalties on sales performed by other parties on your products.
  3. Your trademark will certainly grow in value over time if your product or business flourishes.

Quick vital facts on trademarks:

  1. Trademarks are the only Intellectual Property that’s valid forever provided you renew the trademark every 10 years.
  2. When you submit a trademark for the first time you use the TM sign for approximately 2 years until and/or if you are granted a  ® mark.
  3. Trademarks as a whole are considered some of the most valuable if not the most valuable asset in a company or on a product. Think Coca Cola, Microsoft, Addidas, Shell or Apple.
  4. Trademarks can exchange ownership and ownership can come in the form of a TRUST, PERSONAL NAME/S or A COMPANY etc.
  5. You can build a unique brand by inventing catchphrases and then trademark them.