Frequently Asked Questions

When should one apply for a trade mark?

As soon as possible to give you identity it and provide you with legal protection from others using your hard work.

What is a trade mark?

A trade mark (as defined by Wikipedia) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trade marks used to identify services are usually called service marks. The symbols ™ (the trade mark symbol) and ® (the registered trade mark symbol) can be used to indicate trade marks; the latter is only for use by the owner of a trade mark that has been registered. A trade mark identifies the goods and / or services of the owner of the mark. A trade mark may consist of words, numerals, drawings, signs, symbols, colours or combinations thereof, to create a brand name, a slogan, a logo or a specific shape or a combination thereof, for example:

1. Brand name – COKE for COCA COLA
2. Slogan – NIKE’s “Just Do It”
3. Logo – ROLLS ROYCE’s Intertwined RRs
4. Specific shape – COCA COLA bottle
5. Colour – MASTERCARD’s red and orange circles

What are the benefits of registering a trade mark?

Ownership You ‘own’ your registered trade mark in relation to the classes of goods and services in respect of which it is registered.

Financial Asset You can sell it, leave it in your will, license it for other to use from which you earn rent. It adds value to your company.

Licensing You can license the use of a trade mark and use it to derive rental income.

Enforce you rights As a registered trade mark owner, you do not need to prove your ownership and associated business reputation across South Africa, should you wish to enforce a cease and desist order on any infringers. Unauthorised use of your trade mark is a criminal offence.

You can obtain the assistance of the Department of Home Affairs to seize foreign shipments of goods that bear fraudulent or deceptive trade marks similar to yours.

Can only Registered Trade Marks be used?

You may use your trade mark immediately after you have received the filing receipt and application number from the trade mark office, which allows use of the ™ symbol until final registration.

What protection does a registered trade mark provide?

It is a criminal offense for any other body to make unauthorised use your trade mark, or one that is confusingly similar. If this happens, you may take legal action against them and be awarded damages.

How long does registered trade mark protection last?

The normal period is ten (10) years but it can be protected indefinitely, provided the owner renews it. A renewal fee is payable.

What happens if someone objects to my proposed trade mark if its name is identical or very similar to the trade mark?

It depends on many factors but this can be very costly to all parties involved and is best avoided by undertaking a detailed comprehensive search beforehand by experienced experts in International Trademark Law and Intellectual Property. Firstmark only aligns itself with suitable experts to assist in avoiding this.

When will I get feedback?

Firstmark business processes are designed to provide feedback on basic searches within 24 hours. Detailed Comprehensive searches are significantly more complex and we aim to provide feedback within five working days depending on the number of categories / classifications and complexity of the proposal.

Does a no conflict search report guarantee that my trade mark will be registered?

Your application will be examined by the Registrar and their judgement in respect of the validity of your application, who might refuse it based the criteria they use to approve it. We can assist in lodging appeals if required; but do not worry as very few of our applications have ever been rejected.

How long is the registration process?

The registrar will examine your trade mark application about 12 months after filing. If successful, it is published for comment and appeals, which can take another 12 months assuming there are no objections. Overall it takes about two years, but backlogs at the Registrar can invoke additional delays.

Will registration of my trade mark provide protection outside South Africa?

No, you must register your trade mark in every country you wish to protect your interests. Firstmark can provide expert assistance here.

Does Trade Mark Registration include my domains?

Cybersquatting has become a big problem and it is a good idea to register your domain name as a trademark. Firstmark can register your Domain for you..