Most business owners register their company and assume their brand name is protected. It isn't. A company registration and a trade mark do two completely different jobs — here's what a trade mark actually gets you, and how to file for one.
A company name and a trade mark are not the same thing
Registering a Pty Ltd with CIPC reserves that exact name on the companies register — it stops another company from registering under the identical name. That's all it does. It doesn't stop a competitor from selling products under your brand name, using your logo, or trading under your slogan, as long as they haven't registered an identical company name.
A trade mark is a completely separate right. It protects the name, logo, or slogan itself — as a brand — in connection with specific goods or services, regardless of what any company is named.
If your brand name, logo, or slogan is worth protecting, a company registration alone leaves it open for someone else to use commercially and even trade mark themselves.
What you need before applying
- ✓ The exact mark you want to register — a word, a logo file, or both
- ✓ The applicant's details (you, or your company as the legal owner of the mark)
- ✓ A clear list of the goods or services the mark will be used for
- ✓ The class (or classes) of goods or services that list falls under
Understanding trade mark classes
Trade marks are registered against one of 45 classes under the international Nice Classification — clothing is class 25, software is class 9, restaurant services are class 43, and so on. South Africa does not allow multi-class applications: if your brand spans more than one class, each class is filed, examined, and paid for separately.
This matters for planning, not just cost — a clothing brand that also sells online will typically need at least two classes (clothing, and retail services) to be properly covered.
The process, step by step
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1
Search the register (recommended, not compulsory)
Checking CIPC's existing trade marks before filing isn't a legal requirement, but it's the cheapest way to avoid spending months on an application that's likely to be opposed or refused.
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2
File the application via IP Online
Your mark, applicant details, and class of goods or services are submitted through CIPC's IP Online portal — one application per class.
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3
Formalities and substantive examination
CIPC checks the application is complete, then examines whether the mark is distinctive enough to register and doesn't conflict with an existing one.
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4
Acceptance and publication
An accepted mark is published in the Patent Journal for two months, during which anyone can formally oppose the registration.
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5
Registration certificate issued
If the opposition window passes with no objections, CIPC issues the registration certificate. Protection is backdated to your original filing date.
How long it actually takes
Roughly 10 months from filing to registration in a clean, unopposed case — though CIPC's processing volumes can stretch this well beyond a year in practice. An opposed application takes considerably longer, since it can involve a formal legal process between you and the opposing party.
What it costs
Reg Assistance's fee is fixed per class, plus CIPC's own filing fees. Because South Africa requires a separate application for each class, the total scales with how many classes your brand needs — sign in or create a free account on our site for a quote against your specific goods or services.
Common mistakes
- Assuming the company registration is enough. It isn't — see above.
- Filing under the wrong class. A mark registered in the wrong class offers no protection where you actually trade.
- Skipping the search and getting opposed. A five-minute check against the existing register can save months of delay later.
- Using ® before registration is granted. The ® symbol is reserved for marks CIPC has actually registered. Until then, ™ is the correct symbol to use.
A registered trade mark lasts 10 years and can be renewed indefinitely — but only if it's actually kept in commercial use. An unused mark can eventually be challenged and removed.
Frequently asked questions
Does registering my company name protect my brand?
No. A CIPC company registration only stops another company from taking the exact same registered name. It does not stop a competitor from using your brand name, logo, or slogan on their products or marketing. Only a registered trade mark gives you that protection.
How long does trade mark registration take in South Africa?
Roughly 10 months from filing to registration in a straightforward, unopposed case, though CIPC's processing backlog can push this well beyond a year. Applications that face opposition take considerably longer.
Can I use the ™ symbol before my trade mark is registered?
Yes. The ™ symbol simply signals that you are claiming a mark as a trade mark, registered or not. The ® symbol is different — it may only be used once CIPC has formally registered the mark.
What happens if someone opposes my trade mark application?
Once accepted, your mark is published in the Patent Journal for a two-month window during which anyone can oppose it. If no one opposes it, registration proceeds. If someone does, the matter can take considerably longer to resolve and may need legal input.
Do I need a separate application for each class?
Yes. South Africa does not allow multi-class trade mark applications — if your brand covers more than one class of goods or services, each class is filed and paid for as its own application.