A trade mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it from the goods and services of another. Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken). 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.
When 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.
What is the Lifespan of a Trade Mark?
A registered trade mark can be protected forever, provided it is renewed every ten (10) years upon payment of the prescribed renewal fee.
Before you Apply
A trade mark may be registered if it serves the purpose of distinguishing goods and/or services of one trader from those of another trader, and must meet the following conditions:
- It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of your goods or services, or the mode or time of their production or of rendering of the services
- Has not become customary in your field of trade
- It does not represent protected emblems such as the national flag or a depiction of a national monument such as Table Mountain
- It is not offensive or contrary to the law or good morals or deceptive by nature or way of use; and
- There are no earlier conflicting rights.
To register your trademark or learn more, click here >>> https://www.cipc.co.za/?page_id=4118
