Geraldine L. Erlank & Associates, Inc.

Trademarks, certification marks, and collective marks are identified by the South African Trademarks Act, as being, in principle, eligible for registration.

A trademark distinguishes the goods and services of a person, from the same kind of goods and services of any other person, and is registerable provided it is capable of distinguishing the goods or services of a person from the goods or services of another, and provided it does not fall within the list of marks specifically excluded by the Act.

A certification mark identifies goods and services which are characterised in respect of kind, quality, quantity, intended purpose, value, origin; or the mode or time of production of the goods or rendering of the service; etc.

A collective mark identifies goods or services of persons who are members of an association, from goods or services of persons who are not. Geographical names or other indications of geographical origin may be registered as collective trademarks.

Requirements

· Printed representations of the mark which should be either (a) in black and white if the mark is not to be limited in respect of colour or (b) in the particular colour(s) to which you require the mark to be limited.

· A list of the goods and/or services for which the mark is intended to be used.

Procedure

The Trademarks Office will conduct a search through its own records to determine whether or not the trademark sought to be registered conflicts with another which is the subject of a prior registration or pending application. The trademark will also undergo substantive examination to determine whether or not it is capable of distinguishing the goods and/or services specified in the application, from those of another person.

The Registrar of Trademarks may object to the application, in which case, the applicant is given an opportunity to respond and attempt to persuade the Registrar otherwise.

When the application is accepted, it is advertised, and is then open to opposition, for a period of three months, by third parties. In the absence of opposition, the trademark will proceed to registration

Time Line

The search and examination by the Trademark Office (mentioned above), is likely to occur more than eighteen months after the application is filed. It is therefore as well not to expect registration of your trademark within about two years of filing.

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