Trade Marks in Africa
Protect your uniqueness.
Trade marks are extremely valuable assets, deserving effective and comprehensive protection.
Our Trade Marks Department works with global and local businesses from large corporations to small and medium companies with a common goal of protecting their brands across Africa and the Caribbean.
We cover trade mark prosecution at all stages, including searching/clearance advice, the filing of applications, compliance with official actions, publication, the issuing of registration certificates, the recordal of changes in owners’ names and addresses, assignments, licenses, deeds of security and hypothecation, and renewal.
Trade mark registration in Africa takes place within a complex legal environment, necessitating close attention to procedural and formal requirements, which may vary from country to country.
We also handle trade mark oppositions in Africa and all forms of trade mark enforcement, including trade mark infringement, passing off, ambush marketing, unlawful competition, company name objections, domain name disputes, and consumer- and advertising-related matters.
This department is supported by our IP Audits & Due Diligence team, our Domain Names team, and our Consumer & Advertising team. Our Litigation and Anti-Counterfeiting teams are available for enforcement globally and across Africa.
ARIPO trade marks and OAPI trade marks are very effective means for obtaining extensive protection in Africa.
► Read our Trade Mark introduction – a complete guide to get more insights.
How Can We Help?
For more information on filing requirements in Africa, use our interactive Africa map and browse our FAQs
FAQ's
What exactly is meant by “Trade Mark”?
Trade marks are words or other marks, like logos, slogans or brand names that are used to distinguish the goods or services of the trade mark owner from those of other manufacturers and suppliers. When you register a trade mark, you have the exclusive right to use that trade mark in connection with the goods or services for which it is registered, This prevents the unauthorised use of your trade mark – or marks that are confusingly similar by other traders.
What can be registered as a trade mark?
Generally, any sign that is capable of being represented graphically can be registered as a trade mark, which extends to device names, signatures, words, letters, numerals, shapes, configurations, patterns, ornamentations, colours or containers for goods – or any combination of these.
A mark can be a symbol, a person’s name or image, a corporate logo, an invented word or an ordinary word, or a distinctive container for goods. It may be applied to the surface of goods or incorporated into their shape or structure. It may be a musical jingle, or a combination of colours in a particular format. As strange as it may seem, even sounds and smells can be marks.
So you can register trade marks for services?
Yes, trade marks can be registered for services such as engineering, computer programming, advertising, banking and insurance, leasing, entertainment, hotels, restaurants and beauty salons, for instance. In these cases, service marks distinguish a service as opposed to a product. Certification marks can also be used to certify certain characteristics of goods.
What is the key requirement for registering a trade mark?
A fundamental requirement for registration of a trade mark is that it is “capable of distinguishing”; in other words, it must differentiate the goods or services of the trade mark owner from those of others.
Once a mark has been selected, a trade mark search should be conducted to ensure that the mark is available for registration and that there will be no infringement of a registered mark.
What should I look out for when selecting a trade mark for my business and/or goods?
Choose something that can be registered. (If necessary, you can ask your marketing team to work with your internal trade mark experts or the relevant external trade mark practitioners, to ensure selection of a mark that is registrable.)
Be aware, however, that the more appropriate the word or device is for describing the goods or services, the less appropriate it will be for distinguishing those goods or services from those of others. Remember, too, that if it is even possible to obtain registration for a semi-descriptive word, it may be difficult to protect that word against claims by others that they are entitled to use almost identical descriptive terms.
These difficulties are not necessarily avoided by using foreign or misspelled versions of ordinary descriptive terms, and geographical names or surnames as trade marks can also be difficult to protect.
Once a mark has been selected, conduct a trade mark search to ascertain that it is available for registration and that there will be no infringement of an already registered mark.
Meet the team
Herman Blignaut
Partner
Jennifer Colantoni
Director
Matthew Costard
Managing Director
John Foster
Partner
Stephen Goldberg
Consultant
Juli Hopf
Partner
Mohamed Khader
Partner
Reinard Krüger
Partner
Duncan Maguire
Director
Wayne Meiring
Director
Louise Myburgh
Partner
Shamin Raghunandan
Partner
Paul Ramara
Partner
Megan Reimers
Partner
Tshepo Shabangu
Partner
Jeremy Speres
Partner
Linda Thilivhali
Partner
Marco van der Merwe
Partner
Carl van Rooyen
Partner
Eben van Wyk
Partner
Charles Webster
Partner
Jarred West
Partner
Kay Rickelman
Foreign Counsel
Chris Walters
Director
Zama Buthelezi
Partner
Mellissa Esterhuizen
Partner
Karien Postma
Partner
Jeanine Coetzer
Senior Associate
Merlene Engelbrecht
Senior Associate
Amani Patel
Senior Associate
Megan Dinnie
Associate
Chris Smith
Associate
Emily Hill
Associate
Nola Pontes
Associate
Thembokuhle Danca
Associate
Tebogo Motloutsi
Associate
Dr Owen Dean
Consultant
Kaajal Nagindas
Partner
Russell Norton
Consultant
Louis van Wyk
Consultant
Julie Scott
Trade Mark Formalities
Elliot Moignard
Senior Paralegal
Neil Robinson
Trade Mark Prosecutions
Chantal Haydon
Senior Paralegal
Doreen Wilson
Senior Paralegal
Vanessa van Coppenhagen
Consultant