We can help you to register a trademark in South Africa. We can:
- advise you about trademark registrations, and
- register a trademark for you.
These are two separate legal services and we can help you with either one of the them or both. You can use our insights and experience to work out what to register and then register them yourself. We charge a separate fee for each service.
Advice about Registration
We can advise you about what to register and how. There are essentially two questions you need to answer:
- What are you going to register?
- In which class are you going to register a trademark?
If you are interested in trademark advice, simply enquire using the form on the right.
Register a Trademark
Once you know what you want to register, you have a few options. You can do it yourself online (with online legal services like Virtual Trade Mark or Trademark24) or ask a law firm (like Michalsons and its correspondents) to do it for you. It is probably cheaper if you do it yourself, but we can save you time and frustration by registering a trademark for you. We follow a three step process:
- Search (The search helps identify whether you can register the trade mark and will alert you to any possible conflicts).
- Application (Filing the application to register the trademark.)
- Registration (Preparing notice of acceptance, arranging for advertisement, and preparing the registration certificate.)
The search takes about two weeks and is the shortest step in the process. The search is extensive and will account for marks that are visually, phonetically and conceptually similar to your marks. You can choose a simple or full registrability search. The simple search may not reveal all possible conflicting marks. A full registrability search is advisable as it will flag any possible conflicting mark.
We will advise you at the end of stage one whether it will be viable to register the trade mark. If we find that there will be conflicts that will not distinguish your mark from someone else’s we will advise you against registering the trade mark.
We cannot estimate exactly how long the application process will take. In our experience applications have taken up to 13 months. Once the marks have been filed and examined by the Registrar we will continue with Step three in the process.
During the final stage in the registration process the mark is accepted by the Registrar. The trade mark is advertised 3 months and then the registration certificate is issued. The issuing of the certificate signifies the completed registration of the trade mark.
The whole process can take up to three years. Depending on the backlog at the trade marks office, Step two is usually the step that takes up most of the time,
You need to be sure of your business and your trade marks before you register trade marks. It can be both time consuming (in terms of the wait) and it can be costly. The costs paid to register the marks will be worth it because you are protecting your brand and business.
If you want us to register a trademark for you, simply enquire using the form on the right.