FAQ

/FAQ
FAQ 2018-03-02T05:24:41+00:00

WHAT IS THE REGISTRATION PROCESS?

You can apply for free consultation and quotation (Apply here).

Once we receive you request we will contact you to discuss your requirements and we will do a free basic search of the trademark you wish to register, a basic search does not guarantee that your registration will be successful.

A basic search is a search we conduct free of charge however Trademark applications based solely on a basic search have a failure rate of up to 80% or more as conflicting classes are ignored and only one database is searched.

We are able to conduct a comprehensive search for a cost of R500.00, which amount is included in our fee of R2800.00

A comprehensive search is the best way to ensure that your registration is successful as nearly a 100% of trademark applications are successful if a comprehensive search is done.

Once your search is conducted we will advise you of the search results and if there are no conflicting trademarks registered in the same class we will apply to register your trademark.

What You Get When You Register Your Trademark For R2800.00? 2018-03-02T04:52:36+00:00
  • A consultation with our attorney via Skype, telephone or in person;
  • Free basic availability search;
  • Comprehensive availability search;
  • Classification of goods and/or services;
  • Preparation of appropriate specifications of goods and/or services in the classes of relevance;
  • All filing and government charges;
  • Routine registration processing services; and
  • All advertisement fees and expenses and all expenses relating to the issuance of the Certificates of Registration.
Can I Register A Domain Name As A Trade Mark? 2018-03-02T04:52:07+00:00

Yes. Cybersquatting has become a big problem and it is a good idea to register your domain name as a trademark.

Will My Trademark Have Worldwide Protection? 2018-03-02T04:51:07+00:00

Trademarks are territorial, meaning they must be registered in the countries where protection is required, different countries have different specification. In the event that you require protection outside of South Africa we would be happy to provide you with a quote tailored to your specific requirements. Contact us with your requirement.

How Long Does It Take Before Registration Takes Place? 2018-03-02T04:50:21+00:00

The registrar will examine your trademark plus minus 12 months after filing. The whole process may take up to 2 years.

Does A Favourable Comprehensive Search Report Guarantee That My Trademark Will Proceed To Registration? 2018-03-02T04:49:58+00:00

Not necessarily. Your application will be subjected to examination at the Registrar’s office and the Registrar may accept your registration without conditions, or your registration may be accepted with conditions

Can A Company Or Close Corporation Lodge An Objection To A Proposed Trademark If Its Name Is Identical Or Very Similar To The Trademark? 2018-03-02T04:49:33+00:00

Yes. The trademark database is not linked to the company database. A search on the company database is included in our package deals.

What Is The Lifespan Of A Trademark? 2018-03-02T04:48:48+00:00

Trademark has a lifespan of ten years, however you can renew it every ten (10) years upon payment of the prescribed renewal fee.

Can A Competitor Use A Trademark That Is Similar Or Identical To My Registered Trademark? 2018-03-02T04:47:57+00:00

Your competitor may not use your trademark, or one that is confusingly similar. If this happens, you may take legal action. Remember a competitor is someone in the same trade/industry as you so if a person in a completely different industry uses the same or similar trademark that may not be an infringement , an example is Pampers cat food and Pampers diapers – even though the product names are the same they do not cause confusion amongst consumers.

Is Registering My Business Name As A Pty Or (Pty Ltd) The Same As Registering A Trademark? 2018-03-02T04:47:29+00:00

Registering your business name as a PTY or (PTY) LTD or buying a shelf company or reserving a name does not mean that you have exclusive right of use of that name, the only way to ensure exclusive use of a name, logo, slogan is by registering a trade mark.

Must The Trademark Be Registered Before It Can Be Used? 2018-03-02T04:46:39+00:00

No, you can start using your trademark after you have received the filing receipt and number from the trademark office. Use the TM symbol until final registration. Once your trademark is registered you can use the ® symbol next to your trademark.