Why Register a Trademark in South Africa?
A trademark is a legally protected sign — a name, logo, slogan or shape — that distinguishes your goods and services from those of competitors. Registering it with CIPC's Trade Marks Office grants you the exclusive right to use that mark commercially in South Africa for 10 years (renewable indefinitely).
Without a registered trademark you have no legal grounds to stop a competitor from copying your brand — even if you have been trading under that name for 20 years. Common-law rights exist, but proving them in court costs 10x more than a R1,500 CIPC trademark application.
Trademark vs Company Name Registration: What's the Difference?
| CIPC Company Name | CIPC Trademark |
|---|
|---|---|
| Registers the legal entity | Registers the brand identity |
|---|---|
| Governed by Companies Act 71 of 2008 | Governed by Trade Marks Act 194 of 1993 |
| Prevents duplicate company names | Prevents commercial use of your brand |
| Valid until deregistration | Valid for 10 years, renewable |
| Cost: R175 (CoR14.3) | Cost: R590 per class (TM1) |
Registering a company name does NOT protect your brand. They are two entirely separate systems.
What Can Be Trademarked?
- •✅ Business names (e.g. "Amashad")
- •✅ Logos and graphic designs
- •✅ Slogans (e.g. "Just Do It")
- •✅ Product names
- •✅ Distinctive packaging shapes
- •✅ Sounds and jingles (in limited cases)
What CANNOT be trademarked?
- •❌ Generic descriptive terms ("Best Bakery")
- •❌ Geographic names ("Cape Town Wines")
- •❌ Deceptive or offensive marks
- •❌ National symbols, flags or coats of arms
- •❌ Marks identical to existing registrations
The Nice Classification System (Classes 1–45)
Trademarks are registered under 45 classes covering different goods and services. Classes 1–34 cover goods; classes 35–45 cover services.
Common classes for SA businesses:
- •Class 9: Software, apps, electronics
- •Class 25: Clothing, apparel
- •Class 35: Advertising, marketing, retail
- •Class 41: Education, training, events
- •Class 42: IT services, software development
- •Class 43: Restaurants, catering, accommodation
Each class costs R590 per application. If your brand covers software AND consulting AND merchandise, that is three separate class filings.
Step-by-Step Trademark Registration Process
Step 1: Trademark Search
Search the CIPC trademarks database for identical or confusingly similar marks. Amashad conducts a full clearance search across all 45 classes as part of our trademark package.
Step 2: File TM1 Application
Submit Form TM1 with the mark (word or logo), classification, applicant details and specification of goods/services.
Step 3: CIPC Examination (6–8 months)
The Registrar examines for compliance with the Trade Marks Act.
Step 4: Publication in Patent Journal
Once accepted, the mark is published for 3 months to allow third-party opposition.
Step 5: Registration Certificate Issued
If no opposition is filed (or opposition fails), the Registrar issues the Certificate of Registration — valid for 10 years from the filing date.
Total timeline: 18–24 months. But once filed, you can use the ™ symbol immediately, and the ® symbol after registration.
Costs Summary
| Item | Cost |
|---|
|---|---|
| CIPC filing fee per class | R590 |
|---|---|
| Amashad clearance search + TM1 drafting | From R1,750 per class |
| Response to office action | From R1,500 |
| Renewal every 10 years | R590 per class |
Enforcement: What You Can Do with a Registered Trademark
- •Send cease-and-desist letters to infringers
- •Apply for a High Court interdict to stop unauthorised use
- •Claim damages and delivery-up of infringing goods
- •Register with SARS Customs to block counterfeit imports
- •Block competitors from registering similar CIPC company names
Trademark Your Brand with Amashad
Amashad handles the full trademark process — clearance search, TM1 filing, examination responses, and renewal reminders. [Request a trademark quote](/services) today and secure your brand before someone else does.