A trademark is a recognisable sign, design, or expression that identifies products or services of a particular source from those of others. It can be a word, phrase, logo, symbol, or a combination of these elements.

Registering your trademark provides you with legal protection and exclusive rights to use your mark for the goods and services you have registered. It helps prevent others from using a similar mark that could confuse consumers and dilute your brand.

The trademark registration process involves several steps:

1. Trademark Search: Conducting a comprehensive search to ensure your mark is unique.
2. Application Preparation: Drafting and filing the trademark application with the relevant authorities.
3. Examination: The trademark office reviews the application and may issue an office action if there are any objections.
4. Publication: If approved, the mark is published for opposition, allowing third parties to contest the registration.
5. Registration: If no oppositions are filed or successfully overcome, the trademark is registered and a certificate of registration is issued.

Trademark registration timelines can vary, but generally, it takes about 6 to 12 months from the filing date to receive a registration certificate, assuming there are no substantial objections or oppositions.

In South Africa, trademark protection lasts for 10 years from the date of application. The trademark can be renewed indefinitely for additional 10-year periods, provided renewal fees are paid.

Yes, you can use a trademark without registering it. However, unregistered trademarks are only protected under common law, which can be more difficult and costly to enforce. Registered trademarks offer stronger legal protection and easier enforcement.

The costs of registering a trademark can vary based on several factors, including the complexity of the mark, the number of classes of goods/services, and the jurisdiction. During your consultation, we can provide a detailed estimate tailored to your specific needs.

If you believe someone is infringing on your trademark, it is important to take action quickly. Contact us for a consultation. We can help you send a cease and desist letter, negotiate a settlement, or pursue legal action if necessary to protect your rights.

Yes, you can seek trademark protection in multiple countries. This can be done through individual national filings or through international systems such as the Madrid Protocol. We can help you navigate the complexities of international trademark registration to ensure your mark is protected globally

If your trademark application is opposed by a third party, you will need to respond to the opposition. This often involves legal arguments and evidence to support your application. Our team can represent you in these proceedings to help overcome the opposition and secure your trademark.

A trademark search involves checking existing trademarks to ensure that your proposed mark does not conflict with others already in use. This step is crucial to avoid potential legal disputes and increase the likelihood of a successful registration.

Maintaining your trademark involves using it consistently in commerce, monitoring for potential infringements, and renewing it every 10 years. We offer services to assist with all aspects of trademark maintenance to ensure your rights remain protected.

A trademark is used to protect brand names and logos on goods and products, while a service mark is used to protect the same types of elements for services. The terms are often used interchangeably, but they serve to identify the source of goods versus services.