Trademarking in South Africa: A Complete Guide to Registration, Costs & Legal Process (2026)

Trademarking in South Africa has become a crucial step for entrepreneurs building a brand in a market where competition grows faster than regulation.

Whether you operate a small venture or a national enterprise, your business name, logo, or slogan can be copied long before you realize its value.

Trademark registration is the legal mechanism that gives South African entrepreneurs certainty and the confidence that the identity they are putting into the world is truly theirs to own, use, and defend.

Introduction to Trademarking in South Africa

In South Africa’s fast-evolving business landscape, protecting your brand is not a creative advantage but a legal necessity.

Trademarking in South Africa gives entrepreneurs the certainty that their names, logos, and commercial identities cannot be copied, misused, or diluted.

For any entrepreneur intent on building a business with longevity, understanding how this system works is the foundation of true brand protection.

What Can and Cannot Be Trademarked in South Africa

A trademark must clearly identify your business as the source of goods or services. If it cannot distinguish you from competitors, it will not qualify for protection.

Registrable Trademarks in South Africa

What You Can Trademark	Notes
Brand Names & Words	Must be distinctive and not descriptive of the goods or services.
Logos & Symbols	Must be unique and capable of identifying your business.
Slogans	Must do more than describe your offering.
Shapes	Only registrable if the shape is unique and not functional.
Colours	Only when the color has acquired distinctiveness.
Patterns	Must be original and not common to the trade.
Non-Traditional Marks (where applicable)	Includes other unique identifiers that function as a badge of origin.

Unregistrable Trademarks in South Africa

What You Cannot Trademark	Reason
Generic Terms	Cannot distinguish your business.
Descriptive Words	Describe qualities, features, or characteristics.
Geographical Names	Seen as non-distinctive unless uniquely associated with you.
Misleading or Deceptive Signs	Likely to confuse or mislead consumers.
Offensive or Immoral Matter	Automatically barred from registration.
State Symbols & Protected Emblems	Reserved and prohibited from commercial claim.
Identical or Confusingly Similar Marks	Names that conflict with existing rights will be refused.

Trademark Classes and the Nice Classification System

Before filing a trademark in South Africa, you must identify the correct class or classes your goods or services fall under.

This choice defines the exact scope of your protection. If you select the wrong class, your trademark may be approved yet still fail to protect what your business actually offers, making the entire registration effectively useless.

How the Classification System Works

South Africa uses the Nice Classification, an international system that organizes every type of product and service into 45 classes:

Classes 1–34: Goods
Classes 35–45: Services

Trademark protection is class-specific. You are only protected in the classes you file under, not across the entire marketplace.

Importantly, South Africa does not allow multi-class applications. If your trademark covers more than one class, you must file separate applications, each with its own fee, administrative process, and examination.

There is no combined filing for multiple classes, so accuracy at this stage is critical.

Conducting a Trademark Search in South Africa

Before you begin your trademark registration in South Africa, the first essential step is to confirm that your proposed mark is actually available.

A proper trademark search protects you from disputes, refusals, and wasted filing fees. Many entrepreneurs skip this step and end up asking later, “Why was my trademark refused?”

A search answers these questions upfront.

Why a Trademark Search Matters

A trademark can only be registered if it is distinctive and does not conflict with existing marks. The search helps you determine:

Whether your mark is identical or confusingly similar to another
Whether your name, logo, or slogan will pass the examination
Whether you should adjust the spelling, design, or concept
Whether filing would lead to opposition or infringement claims

Skipping this step significantly increases your risk of refusal during CIPC trademark registration.

Types of Trademark Searches

A full search is more than quickly checking Google or social media. When learning how to trademark in South Africa, you must understand the two main search types:

1. Identical Search

Checks whether an exact match already exists on the CIPC register. This is the first filter; if someone already owns the identical mark in your class, your application cannot move forward.

2. Similarity Search

Look for marks that are not identical but close enough to confuse the public. This is where most entrepreneurs are caught off guard. Even a small resemblance can block registration.

Similarity searches examine:

Spelling variations
Phonetic similarities
Visual similarities in logos
Conceptual similarities (names with related meaning)

These searches are essential when determining how to register a trademark in South Africa without conflict.

Where to Conduct a Trademark Search

CIPC Trademark Database

You can search the Companies and Intellectual Property Commission (CIPC) online trademark register, although it has limitations.

It does not always show confusingly similar marks, which is why professional searches are recommended for accuracy.

Professional Trademark Search

Trademark attorneys and IP specialists conduct comprehensive searches using specialized tools. This gives you a realistic assessment before filing and reduces the risk of refusal.

If you are asking, “Do I need to register a trademark in South Africa?” the answer becomes clear after this step. If your brand is available and valuable, registration is crucial for protection.

Evaluating Your Search Results

A good search will reveal:

Whether your mark is “safe,” “risky,” or “not advisable”
Whether slight modifications could improve registrability
Whether your brand is strong enough to withstand examination and opposition
Whether you should proceed with one class or several separate class applications

This stage forms the foundation of the entire CIPC trademark registration process. Without it, the risks increase, the timeline stretches, and so do the costs.

How to Register a Trademark in South Africa: Step-by-Step

Once you have completed a proper trademark search and confirmed that your mark is available, you can begin your trademark registration in South Africa through CIPC.

Here is how to trademark in South Africa in a structured, legally compliant way.

Step 1: Confirm What You Are Protecting

Before anything goes to CIPC, you must be clear on what can be trademarked in South Africa, in your case.

Decide if you are protecting a name, logo, slogan, or a combination.
Make sure the mark is distinctive and not generic or descriptive.
Ensure it is not misleading, offensive, or conflicting with state symbols.

If you are still asking, “Can I trademark my business name in South Africa?” the answer is yes, if it meets these distinctiveness and legality requirements.

Step 2: Identify the Correct Class or Classes

Your trademark protection extends only to the goods and services you specify in your application, which makes correct classification essential. Use the Nice Classification to identify the class that accurately reflects what your business offers.

Keep in mind that South Africa does not allow multi-class applications. Each class must be filed separately, with its own application and fees.

This step is one of the most critical trademark requirements in South Africa. An incorrect class can weaken your protection, delay the process, or render your registration ineffective altogether.

Step 3: Gather the Required Details and Documents

To move smoothly through CIPC trademark registration, prepare:

Full name and details of the owner (individual, company, trust, etc.).
Physical address and contact details.
A clear representation of the mark:
- Word mark: the exact spelling and format.
- Logo: a good-quality image of the logo.
A precise list of goods or services for each class.
Power of attorney or authorization if an agent or attorney is filing on your behalf.

Having this ready makes registering a trademark in South Africa far more straightforward.

Step 4: File Your Application with CIPC

With your documents ready, you can file your application with CIPC by completing the prescribed form, typically TM1, and submitting it through the approved channels.

Because South Africa does not allow multi-class filings, you must submit one application per class, each with its own fee.

Once the application and payment are received, your filing date is secured, and the trademark is officially treated as pending. You may indicate that the mark is “applied for,” although full rights only come after successful registration.

Step 5: CIPC Examination

CIPC examines your application to ensure it complies with all trademark requirements in South Africa.

During examination, CIPC will check whether the mark is distinctive, conflicts with earlier marks (identical or confusingly similar), or contains any prohibited elements.

If there are concerns, CIPC issues an examination report or objection. You or your attorney may need to respond with arguments, amendments, or limitations to address these issues.

Step 6: Publication and Opposition Period

If CIPC is satisfied with your application, the mark is accepted and published in the official journal for a period of 3 months.

Publication opens a window for the public and existing rights holders to oppose the application if they believe it conflicts with their own marks. If an opposition is filed, a formal dispute process begins.

If no challenges arise within the prescribed period, the application moves forward to registration.

Step 7: Registration and Issuance of Certificate

Once the opposition period closes without objections, CIPC finalizes your trademark registration in South Africa.

The mark is entered into the official register, and you receive a registration certificate confirming your rights.

From this point, you may use the ® symbol, and your trademark becomes fully enforceable as long as you continue to use it correctly and renew it when required.

How Long Does Trademark Registration Take in South Africa?

Trademark registration in South Africa is not instant. Each stage of the process has its own timeline, and delays are common, especially during examination and publication.

Understanding how long each phase typically takes helps you plan and avoid unrealistic expectations.

Here is a clear breakdown of the standard timeframes under normal conditions.

Stage	Estimated Duration	What Happens
Examination Period	6–8 months	CIPC reviews the application for distinctiveness, conflicts, and compliance. Delays are common.
Opposition Period	3 months	After acceptance, the mark is published. Third parties may oppose registration during this window.
Registration Period	1–3 months after the opposition period closes	If unopposed, CIPC completes the registration and issues the certificate.

Overall, trademark registration in South Africa usually takes 12–24 months. The exact timeline depends on CIPC’s examination pace, whether objections arise, and whether the application faces opposition.

Duration and Renewal of a Trademark in South Africa

A registered trademark is not a one-time asset but has a defined lifespan and must be renewed to keep your rights active.

Understanding how long a trademark lasts and when to renew it is essential for maintaining continuous protection.

How Long a Trademark Lasts

In South Africa, a registered trademark is valid for 10 years from the filing date. Your exclusive rights remain fully enforceable throughout this period as long as the mark is used correctly in trade.

Renewing Your Trademark

You can renew your trademark up to 6 months before its expiry date.

If you miss the deadline, CIPC allows a 6-month grace period after expiry, during which you can still renew the mark by paying the required renewal fee along with minor penalty charges.

Renewing within these windows ensures your rights remain uninterrupted.

Trademark Cancellation for Non-Use

Even after successful registration, your trademark can be cancelled if it is not used.

In South Africa, a registered trademark becomes vulnerable to removal from the register if it has not been used for 5 consecutive years, typically calculated from the date the registration certificate is issued.

If another party can prove non-use, they may apply to have your mark cancelled. Consistent, genuine commercial use is therefore essential to keeping your trademark enforceable and secure.

Enforcement of Trademark Rights in South Africa

Registering a trademark is only the first step; protecting it in the marketplace is an ongoing responsibility.

Once your trademark is registered, you gain exclusive rights to use it in connection with the goods or services covered by your application.

Enforcement ensures those rights are respected and prevents others from taking unfair advantage of your brand.

What Constitutes Trademark Infringement

Trademark infringement occurs when another party uses a mark that is identical or confusingly similar to yours in a way that misleads or is likely to mislead consumers. This can include:

Using an identical name or logo in the same class of goods or services
Using a similar mark that creates confusion in the minds of consumers
Applying your mark to goods or services without authorization
Importing, distributing, or selling goods that carry your registered mark without permission

Infringement weakens your brand’s distinctiveness, misdirects your customers, and may cause reputational or financial harm.

How to Enforce Your Trademark Rights

Enforcement usually follows a structured approach, escalating only when necessary:

1. Cease-and-Desist Letter

This is the first and most common step. A formal letter is sent to the infringing party demanding that they stop using the trademark and remove the infringing material. Often, disputes end here without litigation.

2. Negotiation and Settlement

If cooperation is possible, parties may agree to terms such as changing the name, altering the mark, or limiting use to certain goods, services, or geographic areas.

Co-existence agreements may also be negotiated, where appropriate.

3. Alternative Dispute Resolution (ADR)

Mediation or arbitration may be used when parties prefer a faster, confidential, and less adversarial solution.

4. Civil Litigation

If informal steps fail, the rights holder may take the matter to court. Courts can issue injunctions, award damages, and order the removal or destruction of infringing goods.

Litigation is the most serious remedy and should be considered when the infringement is significant or ongoing.

Counterfeit Goods and Law Enforcement

If infringement involves counterfeit products, enforcement can extend beyond civil action. Counterfeit goods legislation allows authorities to seize and destroy counterfeit items upon request from the trademark owner.

This step is often used when large-scale or organized counterfeiting is involved.

How Much Does It Cost to Register a Trademark in South Africa?

The cost of trademark registration in South Africa depends on how many classes you file in and whether you use a professional to assist with the process.

Every class requires its own application and fee, so the total cost increases as you add more classes or more versions of your mark.

Official CIPC Fees

The Companies and Intellectual Property Commission (CIPC) charges a statutory filing fee of R590 per class. If you register your name and logo in different classes, each filing attracts a separate R590 fee.

Professional Fees (Optional but Common)

Many entrepreneurs choose to work with a trademark attorney or intellectual property specialist to avoid errors, objections, and delays.

Professional fees vary, but the combined cost of filing a trademark through an expert typically starts from around R3,500 for a single class, excluding VAT.

Complex searches, multiple classes, or legal responses to objections can increase this amount.

Common Mistakes Entrepreneurs Make When Trademarking

Even with a solid understanding of how trademark registration in South Africa works, many entrepreneurs still make avoidable errors that delay the process, weaken protection, or lead to outright refusal.

Recognizing these mistakes upfront helps you avoid costly setbacks and build a stronger, enforceable brand from the start.

Mistake	Why It Is a Problem
Skipping a proper trademark search	Leads to conflicts, objections, or refusal because identical or similar marks already exist.
Choosing the wrong class	Your trademark will not protect your actual goods or services, making the registration ineffective.
Using a weak or descriptive mark	Marks that describe the product or service are often refused for lacking distinctiveness.
Assuming business name registration is enough	A registered business name does not grant trademark rights or protection.
Filing in multiple classes in one application	South Africa does not allow multi-class filings; this results in rejection or wasted fees.
Not using the trademark after registration	Five years of non-use make the mark vulnerable to cancellation.
Missing renewal deadlines	Failure to renew every 10 years causes the trademark to lapse, risking loss of rights.
Ignoring infringement or misuse	Delayed enforcement weakens your rights and can damage your brand reputation.
DIY filings without understanding legal requirements	Errors in specifications, classifications, or responses to CIPC often lead to delays or refusals.

Conclusion

Trademarking in South Africa is not just a legal formality but a strategic investment in your brand’s longevity and security.

By understanding the process, selecting the correct classes, conducting proper searches, and maintaining your rights through use and renewal, you create a protected identity that competitors cannot dilute or exploit.