Last updated: September 2026. The single most useful thing to understand about trademarks in South Africa is that registering a company name does not protect it. Company registration and trademark registration are separate processes with separate registers, and a business can hold a registered company name while someone else owns the trademark rights to it. Both are administered by the Companies and Intellectual Property Commission, which is why the two are so often confused.
What a trademark actually protects
A trademark protects a sign that distinguishes your goods or services from someone else’s: a name, a logo, a slogan, and in some cases a shape, a colour combination or a sound.
It does not protect an idea, a business method or a product design as such. Those fall under patents and registered designs, which are different rights with different requirements.
It is registered in classes, and the classes matter
Trademarks are registered against classes of goods and services under an international classification system. You do not own a word outright; you own it for the classes you registered it in.
This is why the same name can legitimately exist in unrelated industries. It is also the most common and most expensive mistake: registering in one class and later expanding into an activity that falls in another, only to find someone else there. Think about where the business is going, not only what it does today, and register accordingly.
Search before you commit
A search of the register before applying tells you whether something identical or confusingly similar already exists in your classes. Doing it first is considerably cheaper than discovering a conflict after you have printed signage, packaging and vehicle branding.
Search beyond the exact word. Marks that sound alike or look alike can block an application, and so can an unregistered mark that another business has built a reputation around.
How long it takes and how long it lasts
Registration is not quick. From filing to registration typically takes a substantial period, because the application is examined, then advertised to allow opposition, before a certificate is issued.
Once registered, protection runs for ten years from the filing date and can be renewed indefinitely in further ten-year periods. Renewal is the part businesses forget, and a lapsed trademark can be lost.
You can trade while the application is pending
You do not have to wait for registration before using the mark, and using it builds the reputation that supports your rights. Use the ™ symbol while an application is pending. The ® symbol may only be used once the mark is actually registered, and using it before then is improper.
The caution is that trading before a search is risky. If someone already holds the rights, everything you build in the meantime may have to be rebranded.
Do you need an attorney?
You can file yourself. Whether you should depends on the situation. Filing without help is reasonable for a straightforward mark in one clear class where a search shows nothing similar.
Professional help earns its cost where the classification is uncertain, where a search reveals something close, where an application is opposed or examined with objections, or where you are filing in several countries. An application refused or successfully opposed usually costs more to fix than advice would have cost at the start.
Protection is national, with international routes
A South African registration protects you in South Africa only. If you sell into other markets, or plan to, you need protection in those jurisdictions.
International filing routes administered by the World Intellectual Property Organization let you seek protection in multiple countries from a single application, which is usually cheaper and simpler than filing separately in each. Timing matters here, so consider it before you launch abroad rather than afterwards.
When a trademark can be challenged
A mark can be opposed during the advertising period, and a registered mark can later be challenged, including where it was registered in bad faith, where it is not distinctive, or where it has not been used genuinely for an extended period.
That last point matters: a trademark is not something you register and ignore. Non-use over time can expose it to removal, so keep evidence of genuine commercial use.
Frequently asked questions
Does registering my company protect the name?
No. Company registration and trademark registration are separate. A registered company name gives you no trademark rights on its own.
How long does a trademark last?
Ten years from the filing date, renewable indefinitely in further ten-year periods. Missing a renewal can lose the mark.
Why do I have to choose classes?
Protection is granted per class of goods or services. You own the mark in the classes you registered, which is why the same name can exist in unrelated industries.
Can I use my brand before registration is granted?
Yes, and use builds reputation. Use ™ while pending; ® may only be used once the mark is registered. Search the register first.
Do I need an attorney to apply?
Not necessarily. Self-filing suits a straightforward mark in one clear class. Get help where classification is unclear, a search shows something similar, or an application is opposed.
Does a South African trademark protect me abroad?
No. Protection is national. International filing routes allow you to seek protection in several countries from one application.
