Question 1

What is included in South African trademark filing?

Accepted Answer

Attorney-prepared CIPC application for your word, logo, or combined mark, with review of your goods/services description and filing details.

Question 2

How long until filing?

Accepted Answer

We typically prepare and submit within 1–3 business days after receiving your information and any required specimens.

Question 3

What's a 'class' in trademarks?

Accepted Answer

Goods and services are grouped into 45 Nice classes. Filing fees are charged per class.

Question 4

How are prices calculated?

Accepted Answer

Pricing is based on database values. First class and additional classes are priced per the selected service tier with transparent ZAR pricing.

Question 5

Are CIPC fees included?

Accepted Answer

Yes. The fees on this page include both the CIPC government filing fees as well as our professional fees. There are no hidden costs – the price you see is the total price for filing.

Question 6

Does this include a clearance search?

Accepted Answer

A clearance search is not included by default. However, we strongly recommend conducting a comprehensive trademark search before filing to identify potential conflicts. We can attend to a search separately – visit our [South Africa Trademark Search service](https://aircounsel.com/southafrica/southafrica-free-ai-trade-mark-search) to order a search.

Question 7

What do you need from me?

Accepted Answer

Your mark format (word, logo, or both), the word(s) if applicable, a logo file for logo/combined filings, and a short description of your goods/services. For use-based filings, a specimen may be required.

Question 8

Will you help with classes?

Accepted Answer

Yes. Provide your product/service description and we'll suggest relevant classes and draft compliant descriptions.

Question 9

How long does the entire CIPC trademark registration process take?

Accepted Answer

The complete process typically takes 12–18 months from filing to registration in South Africa, assuming no objections or office actions. Initial examination begins 3–6 months after filing. If the CIPC issues an office action, responses can add 2–4 months to the timeline.

Question 10

What is the difference between 'Intent to Use' and 'Use in Commerce' filing basis?

Accepted Answer

South African trademark applications can be filed based on actual use or intent to use. Applications based on intent to use must demonstrate genuine intent to use the mark in South Africa. You do not need to provide evidence of use at filing, but may need to demonstrate use if challenged or during renewal.

Question 11

What happens after my application is filed?

Accepted Answer

After filing, the CIPC assigns an application number and begins examination within 3–6 months. An examining official reviews your application for compliance with South African law and checks for conflicting marks. If approved, your mark is published for opposition (3 months). If no oppositions are filed, your mark proceeds to registration.

Question 12

What is a specimen and when do I need one?

Accepted Answer

A specimen is proof that you are using the trademark in commerce. For goods, specimens include product labels, tags, or packaging showing the mark. For services, specimens include advertising, brochures, or website screenshots showing the mark in connection with the services. While not always required at filing, specimens may be requested during examination or for renewal.

Question 13

What if the CIPC issues an office action?

Accepted Answer

An office action is a letter from the CIPC examining official raising concerns about your application – this could be a refusal based on likelihood of confusion with an existing mark, descriptiveness issues, or technical deficiencies. You typically have three months to respond (with possible extensions). We help you craft appropriate responses, which may include legal arguments, evidence, amendments to the application, or disclaimers. Many office actions can be successfully overcome.

Question 14

Can I file my trademark internationally?

Accepted Answer

Yes. The South African registration can serve as a basis for international filings. The Madrid Protocol allows you to file in over 120 countries through a single application. Alternatively, you can file directly in specific countries or regions (such as other African countries). International trademark strategy depends on where you do (or plan to do) business. We can advise on international options after your South African filing.

Question 15

How long does trademark protection last?

Accepted Answer

South African trademark registrations last 10 years and can be renewed indefinitely in 10-year increments, as long as you continue using the mark in commerce. Renewal applications must be filed before the 10-year anniversary. Failure to renew results in cancellation, though there is typically a 6-month grace period.

Question 16

What is the difference between ® and ™ symbols?

Accepted Answer

The ® symbol (registered trademark) can only be used after your mark is officially registered with the CIPC. Using ® before registration is illegal and can jeopardize your application. The ™ symbol (trademark) can be used at any time to indicate you are claiming rights in a mark, even before filing or during the application process. ℠ is used similarly for service marks.

Question 17

Can I trademark a generic or descriptive term?

Accepted Answer

Generic terms (e.g., 'Computer' for computers) cannot be trademarked. Merely descriptive terms (e.g., 'Fast Delivery' for shipping services) are typically refused unless they have acquired secondary meaning through extensive use. Suggestive, arbitrary, or fanciful marks are strongest. Our attorneys will review your proposed mark for registrability issues under South African law and suggest alternatives if needed.

Question 18

What are the maintenance requirements after registration?

Accepted Answer

South African trademarks must be renewed every 10 years. You should file your renewal application within 6 months before the 10-year anniversary (with a 6-month grace period after). Each renewal requires payment of CIPC fees. We can remind you of upcoming deadlines and handle these renewal filings.

Question 19

How does South African trademark law differ from other countries?

Accepted Answer

South African trademark law follows the Nice Classification system but has unique requirements including the need to demonstrate use within 5 years of registration. The CIPC examination process is thorough and includes both relative and absolute grounds for refusal. Opposition periods are 3 months (compared to 2 months in the UK). B-BBEE considerations may affect trademark ownership and licensing arrangements.

Question 20

What are the costs beyond filing fees?

Accepted Answer

The quoted price includes CIPC filing fees and our professional preparation fees. Additional costs may arise if: (1) CIPC issues office actions requiring responses, (2) oppositions are filed against your application, (3) you need to file evidence of use, or (4) you require amendments to the application. We provide transparent pricing for any additional services needed.

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