Register your clothing label in South Africa

Are you starting a clothing label and need some  info about registering your Trade Mark?

Well, look no further little grasshoppers, all the info you need is below.

What is a Trade Mark?

A trade mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it from the goods and services of another. Examples include:

Trade Mark
(Brand Name)
Slogan Logo Shape
COCA-COLA Coca Cola Bottle
STANDARD BANK MOVING FORWARD Standard Bank
NIKE JUST DO IT Nike
MTN HELLO THE FUTURE MTN

Note: The above are all extracts from the South Africa Trade Marks Register.

Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken). A slogan is a short phrase or a sentence and a logo is a distinctive picture or symbol. They provide a distinctive identity in the marketplace and can apply to both products and services.

When a trade mark (brand name, slogan or logo) has been registered, nobody else can use this trade mark, or one that is confusingly similar. If this happens, legal action may result.

Must a Trade Mark be Registered?

A trade mark can only be protected as such and defended under the Trade Marks Act , 1993 (Act 194 of 1993) if it is registered. Unregistered trade marks may be defended in terms of common law. The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered trade mark the exclusive right to use that mark.

CIPC administers the Register of Trade Marks which is the record of all the trade marks that have been formally applied for and registered in the Republic of South Africa.

What is the Lifespan of a Trade Mark?

A registered trade mark can be protected forever, provided it is renewed every ten (10) years upon payment of the prescribed renewal fee.

Taken from CIPC (Companies and Intellectual Property Commission)

 

NB. You have to pay Trade Mark fees  and you can click here to find out more about the process involved or registering your label.

8 thoughts on “Register your clothing label in South Africa

  1. I want to register a clothing label. Tell me the step by step process or provide me with your contact details

  2. I wish to start a clothing label, kindly send any information ok this regard

  3. I have clothing brand that I have created, it makes funky street t-shirts and I dont know how to go about the whole registration process. Please help, I want to protect my brand

    1. Hi there Mndeni,

      You can find all the info at http://www.cipc.co.za/ . You need to speak to a consultant and they will give you the best advice in relation to where you currently stand with your business.

  4. I would like to know if how do i register if i want to start my own clothing label, and how much will it cost.

    1. HiThando, go to cipc

  5. I want to enquire about registering a trade mark which involves photography and clothing brand which would be interlinked as on name much help is needed on the establishment of these two brands or shall I call it a company plea send me the proper procedure and documents which I can fill to finish tis including the fees ide have to pay

    1. Hi Kamoglo, you may register your and finfd all your info at http://www.cipc.co.za.

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