Trade Marks

A trademark is potentially the most important business asset you'll ever own. Your TM is your name, logo, or any other sign that distinguishes your goods or services in the marketplace.

Trademark Search

How can I be more certain that my application will proceed to registration?
Conduct a TM search to determine whether there are other marks on the Trade Mark Register, which may prevent the registration of your application.

Trademarks are divided into different classes for goods and services. There are 34 goods classes (class 1-34) and 11 services classes (35-45). A search should be conducted for the trademark classes in which you require protection.

  • You can increase the chances of a successful trademark registration by choosing an original and distinctive trademark (don’t copy others). For example, KODAK or SAMSUNG.
  • Try avoid words that are purely descriptive or necessary for use in the trade. For example FRUIT & VEGGIES for food products. Use of APPLE for computers would however be acceptable.
  • An unique combination including or comprising descriptive words may however be registerable as a whole, e.g. PG GLASS

See below for a full list of Class Headings

Trademark Applications:
Register your trademark now and:

  • Protect your business name, logo, and slogan
  • Prevent others from copying your business identity
  • Prevent others from damaging your reputation
    Let Myers IP Consulting help you register your trademark throughout Africa.

Trademark Filing Requirements:

  1. Trademark / Logo (preferably electronic format),
  2. Translation into English (if applicable),
  3. International Classification
  4. Description of goods/services
  5. Details of Applicant (name, physical address and nationality)
  6. Power of Attorney – can be late filed
  7. Priority Document – certified copy must be filed within 3 months of application

Note: No legalisation of documents required

What is a mark?
Definition: “any sign capable of being represented graphically, including a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination of the aforementioned”.

What is a trademark?
Definition: “other than a certification or collective mark, means a mark used or proposed to be used in relation to goods or services for the purposes of distinguishing goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of trade with any other person”.

Trademarks are words, logos or slogans, which capable of distinguishing the goods or services of the trade mark owner from goods or services of others.

Trademarks once registered, can be renewed every 10 years in perpetuity. If they are not registered, their owners may still be able to stop use of the marks by others provided they are shown to have a repute and that the use of the contentious mark will cause the public to be misled. However this involves problems associated with proving that the public will be misled unless the unauthorised use is stopped.

Non registered / common law trademarks are capable of protection against unlawful use. Such unlawful use occurs when the use by another is likely to mislead the public (i.e. the goods or services are that of the trade mark owner). The disadvantage on relying on common law trademarks, is that the owner must prove the mark’s reputation (a time consuming and expensive exercise). A registered trade mark does not require such proof and is thus easier to enforce.

How are trade marks classified?
Trade marks are divided and classified into various classes of goods & services. It is often necessary to file trade mark applications in several classes to obtain comprehensive / adequate protection. A separate application is required for each class.

Contact us today for assistance in selecting the right protection for you!

Class Headings

 Classes 1-34 = Goods, Classes 35 – 45 = Services

 

Class 1

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

 

Class 2

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

 

Class 3

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

 

Class 4

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

 

Class 5

Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

 

Class 6

Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.

 

Class 7

Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.

 

Class 8

Hand tools and implements (hand-operated); cutlery; side arms; razors.

 

Class 9

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.

 

Class 10

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.

 

Class 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

 

Class 12

Vehicles; apparatus for locomotion by land, air or water.

 

Class 13

Firearms; ammunition and projectiles; explosives; fireworks.

 

Class 14

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

 

Class 15

Musical instruments.

 

Class 16

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

 

 

Class 17

 

Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials
and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

 

Class 18

Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

 

Class 19

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

 

Class 20

Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

 

Class 21

Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

 

Class 22

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

 

Class 23

Yarns and threads, for textile use.

 

Class 24

Textiles and textile goods, not included in other classes; bed and table covers.

 

Class 25

Clothing, footwear, headgear.

 

Class 26

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

 

Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

 

Class 28

Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.

 

Class 29

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.

 

Class 30

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.

 

Class 31

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

 

Class 32

Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

 

Class 33

Alcoholic beverages (except beers).

 

Class 34

Tobacco; smokers' articles; matches.

 

Class 35

Advertising; business management; business administration; office functions; retail and wholesale.

 

Class 36

Insurance; financial affairs; monetary affairs; real estate affairs.

 

Class 37

Building construction; repair; installation services.

 

Class 38

Telecommunications.

 

Class 39

Transport; packaging and storage of goods; travel arrangement.

 

Class 40

Treatment of materials.

 

Class 41

Education; providing of training; entertainment; sporting and cultural activities.

 

Class 42

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

 

Class 43

Services for providing food and drink; temporary accommodation.

 

Class 44

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

 

Class 45

Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals; legal services.


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