How Much Does It Cost To Register A Trademark in South Africa?

A brand name, slogan, or logo defines a company’s products or services and sets them apart. So, it must be registered as a trademark in South Africa. Because it preserves the company’s reputation, it can be seen as a business asset. Specifying the goods or services your company will offer is the most significant part of the registration. Every product and service falls into one of many groups.

Trademark registration in South Africa is essential in shielding your brand and ensuring its long-term success. It provides legal rights and protection, cares about brand identity and market advantage, and can be an asset to your business. Consulting with a trademark lawyer can help steer the process and maximize the benefits of registering a trademark.

Trademarks Which Can Be Filed Under Trademark Registration In South Africa

Any symbol that can be realistically represented, such as a device, name, signature, word, letter, number, shape, configuration, pattern, ornamentation, color, or product container, may be used in a trademark application. Trademarks in three dimensions, sound, and color, can all be registered. In South Africa, trademarks related to taste and aroma cannot be registered.

Logo

A logo cannot be trademarked if it only defines the products or services it indicates to. It must be exceptional. A trademark that is presently registered, incomplete registration, or being used in South Africa for the same or alike goods or services may not have the same logo or be vaguely like it. Using an internet system, Trademark Attorneys creates and gives in your trademark application straight to the Trademarks Office of South Africa.

Slogan

A copy of your recommended trademark (slogan) and information about any goods and services you want to use the trademark for should be sent to trademark attorneys. A slogan is deemed as a trademark when it is used to recognize the origin or supplier of a actual good or service.

Copyright

In South Africa, copyright registration is not feasible. Unlike other forms of intellectual property, copyright is unique. A work can use the copyright © mark as soon as it is created in material form and is instantly shielded by copyright law. The copyright owner must reveal the creation date and time to exhibit copyright intrusion. To do this, a digital signature or fingerprint with an accurate timestamp can be made.

Why Is It Important To Trademark in South Africa?

There are no fast cuts in the dragging out registration process. Many service providers offer rapid trademarks at reasonably priced prices; nonetheless, taking short cuts may cause significant issues with the mark. In certain incidents, recently, CIPC Offices have declined to handle papers if the correct legal procedures were not followed. To make sure that the necessary legal counsel and procedures are followed when registering your mark with the “Trademarks Registration Services, South Africa,” they provide a Premium Trademark Service.

Exclusive rights to a name are often granted to the first person to register it. Waiting is risky because you might have to rebrand if someone else registers before you. A lucrative business derives much of its value from its brands. Enrolment advances sales value and draws capital to your business. You can also be reimbursed when someone else uses your brand through franchising or licensing. It is more likely to thrive and only costs 1% of the cost of administering unregistered rights in court! The expense of a forced rebrand and reputational damage is far higher.

Trademark Registration Process in South Africa

In South Africa, ownership rights to a trademark belong to the person or organization that uses it first in the country. It may seem not every essential to register a trademark, but it is highly suggested to launch clear ownership, prevent future trademark ownership matters, and protect your brand from allegations of infringement. The Department of Trade and Industry Companies and the Intellectual Property Commission (CIPC) must receive the trademark applications.

Search

Before applying, it is essential to seek matching or similar trademarks and determine why a trademark was originally rejected.

Registering

The trademark application form (TM1) must be sent or turned in by the applicant to apply. A distinct trademark application form is needed for each class. The form will contain the contact details of the trademark owner, a visual depicting the brand, and the classification applied to the goods and services.

Analysis

Following submission, CIPC formally reviews the application to ensure that all information is precise, and the application fee has been paid. If everything is in order, an official date and application number are assigned to the trademark registration application. After the official examination, the application is cautiously examined to see if it meets legal necessities and whether the trademark may be registered in the first place. The application is also examined to determine whether the trademark conflicts with already-registered trademarks.

Publication and Reluctance

The application will be published in the Patent Journal for three months following assessment and acceptance. The public and third parties may challenge the application by providing adequate justification and supporting documentation. If there is opposition, the CIPC allows both sides an occasion to present facts and indications in support of their claims before issuing a decision. A trademark registration certificate is issued, and the application is registered if there is no opposition.

South Africa Trademark Registration – Classification of Requirements/Documents

Each Class Gets One Mark

The following costs must be paid to register your trademark “ABC” in Class 25 (clothing, footwear, and headgear): pre-filing, registration, and certificate.

350 USD for a pre-filing search.
Registration request: USD $1,000
Final payment and certificate: $200 USD.
A total of $1,550 USD.

Two Classes, One Mark

Separate applications will be required to register your trademark “ABC” in Classes 25 (clothing, footwear, and headgear) and 26 (lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, and fake flowers). The following totalities apply to trademark pre-filing searches, requirements for registration, and certificates:

Pre-filing search: US$700 (350 + 350)
Registration request: $1,000 + 900 = $1,900 USD
Total: USD 3,000; final registration/certificate: 200 + 200 = $400.

One Class, Two Marks

The following total fees are required for pre-filing searches, registration requests, and certificates to register the trademarks “ABC” and “DEF” in Class 25 (clothing, footwear, and headgear):

Pre-filing searches yield US$700 (350 + 350).
Registration request: $1,000 + $1,000 = $2,000.
Final certificate of registration: 200 + 200 = $400
A total of $3,100 USD.

The expenses listed in the courses are established on a perfect application process free from CIPC or other third-party objections. Please be aware that the costs shown above do not incorporate the cost of a courier to send the Certificate of Registration upon acceptance or to transmit the Power of Attorney. It’s assumed that there are no more than 20 products in each class. Beyond the first twenty items, there is an extra price of USD 10.

Costs Of Registering A Trademark In South Africa Through The Companies And (CIPC)

The following estimated fees are related to registering a trademark in South Africa with the Companies and Intellectual Property Commission (CIPC) as of 2024:

Standard filing costs:

Single Class: Between 1,200 and 1,500 ZAR.
Extra Classes: Between ZAR 600 and ZAR 1,000 for each class.

Fees for Trademark Attorneys:

Depending on the trademark’s difficulty and the services rendered, a trademark attorney’s fees for supporting the application often range from ZAR 3,000 to ZAR 8,000 or more.

Renewal Fee:

Trademarks must be renewed every ten years. Typically, renewal fees are linked to the first filing.

Trademark Search Cost:

A business may request that the Trademarks Office undertake a trademark search by completing Form TM2 and sending it to the Trademarks Office together with proof of payment of R190.

In Conclusion

Finishing the South African trademark registration procedure is a decisive step in protecting your business’s intellectual property and defending your brand. Understanding the expenditure is necessary for efficient planning and budgeting. The initial costs entail filing fees, which change based on the number of classes necessitated, in addition to other expenses, including search fees and any opposition activities.

Investing in a trademark offers considerable long standing benefits like enhanced market position, heightened financial value, legal protection, and protecting your brand’s distinguishing character. While they may add to your total costs, professional services—like those offered by trademark lawyers—are often vital to assure a flawless registration process.

Faq's

What Precisely Is A Trademark?

If registered, any mark, phrase, combination of text and logo, or just logo sets your products and services apart from those of competitors in South Africa and beyond. A trademark is a symbol that sets your goods or services apart from rivals’ offerings, whether in South Africa or elsewhere. According to the South African Trademarks Act No. 194 of 1993, trademarks can be registered. They can also be revived for an indefinite period, subject to several restraints, which secure the stability of your brand.

In South Africa, How Long Does It Take To Register A Trademark?

Registering a trademark in South Africa could take six months to a year. Your business is protected against trademark intrusion by other characters or companies after registering your application with CIPC. You are covered for a year after filing, but the registration technique might take up to a year. You won’t need to apply again for ten years after you file it. Since you have formerly registered your trademark, this procedure will be substantially straightforward.

When Is The Right Time To Apply For Trademarks In South Africa?

You have six months from the date of your first South African trademark filing to submit similar trademarks (i.e., the same mark and class) in other territories using the same filing date. The term “priority period” implies this six-month timeframe.

How Much Time Does A Trademark Last?

A trademark’s perpetual renewal guarantees a brand’s continued existence. A trademark in South Africa must be reintroduced every ten years to be operational. Nevertheless, your rights to the trademark could be unlimited if you keep renewing your registration in South Africa. If a registered trademark is reinstated every ten years at the advocated restoration fee, it will remain secured constantly. Someone else may apply to eliminate your registered trademark from the Register if it has not been used in South Africa for at least five years.

Will My Trademark Be Protected By Many Countries?

Trademarks and their related rights are exclusive to the jurisdiction in which they are registered. Therefore, registering a trademark in South Africa grants no rights in export markets. Registering the mark is the excellent approach to confirm that its rights are protected in each applicable country. Regional filing systems, on the other hand, are used in certain situations. Trademark registration services can register your brand in Europe or in English- and French-speaking African nations by using a integrated system of intellectual property registration offices endowed by these organizations.

Sissie Hsiao

Sissie Hsiao is the Vice President of Content Marketing and an innovator at heart. With a deep expertise in law, she specializes in the cutting-edge application of trademark and copyright. Sissie's unique blend of legal knowledge and marketing acumen drives her passion for developing forward-thinking content strategies that protect and promote creative works.