SMME Support

A trade mark serves as a badge of origin. It generally consists of a logo, name, signature, word, letter, slogan, numeral, shape, configuration, pattern, ornamentation, colour, container for goods or any combination of these that identifies the brand owner of a product or service.

Trade marks serve to build brand awareness and business goodwill. They can create consumer confidence in a product, via its association with a brand the consumer recognises and trusts.

Trade marks can take just about any form, provided that they are distinctive and capable of being represented graphically. The stronger or more distinctive the trade mark, the easier it is to register and protect.

By registering your trade mark, you can prevent others from counterfeiting your goods and benefiting unlawfully from your brand equity.

The ^TM symbol is used to let others know that you claim the exclusive use of the trade mark. Generally, this symbol is used for a trade mark that has not yet been registered, in cases where you want to indicate that it is in use. Many companies will opt to use the ^TM symbol for new goods or services in advance of and during the application process.

The ® symbol is used to indicate that a trade mark (words, phrases or logos to represent products and/or services) is registered and has been legally protected. This symbol can only be used by the owner or licensee in combination with a registered trade mark, in the regions in which you possess a valid trademark registration. It is an offence to use the ® if you do not own a registered trade mark.

The © symbol is used to indicate the subsistence of copyright and is used as a disclaimer to third parties. However,  copyright subsists automatically in material works resulting from the skill and labour of the author – a copyright notice acts merely to draw this to the attention of others.

No, but trade mark registration has several advantages.

These include notifying the public of a claim of ownership of the trade mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with your products or services. Trade marks can also serve as an asset when making a proposal to a potential sponsor or investor.

Registration will make it easier for you to take action against unauthorised use of your trade mark by others. You can also act against counterfeiters.

No – trade marks are territorial. However, under the provisions of various treaties, a trade mark in one country may be used as the basis for filing applications to register a trade mark in other countries. If you are interested in obtaining trade mark registrations outside of South Africa, please contact us for more information.