A trade mark is the brand a customer recognises you by: your business name, product name, logo, or slogan. Trademark registration in South Africa turns that brand into a legal asset. Once your mark is registered you have the exclusive right to use it for the goods or services it covers, and you can stop competitors from using a confusingly similar mark in the same field.
Trade marks are registered by the Companies and Intellectual Property Commission (CIPC), the same office that handles company registration. Registering your company name at CIPC does not protect it as a brand. The two are separate. A registered company name stops another company taking the identical name, but only a registered trade mark gives you brand rights you can enforce against anyone trading in the same space.
This page explains what a trade mark is, why you should register one, how to run a South Africa trademark search, how to register a trademark step by step (including how to register a logo trademark), the Nice classes, the cost, the timeline, the documents and how renewal works. If you would rather not navigate the CIPC process alone, Insika can handle it for you.
What is a trade mark
A trade mark is any sign that distinguishes your goods or services from everyone else's. In practice that usually means one or more of these:
- A word mark - a brand name or product name, such as a made-up word or a distinctive phrase.
- A logo or device mark - a graphic, symbol or stylised design.
- A slogan - a short distinctive tagline.
- A combination mark - a name and logo registered together.
To be registrable, a mark must be distinctive. It cannot simply describe the product (you cannot register the plain word "Bread" for a bakery), and it must not be confusingly similar to a mark someone already owns in the same class of goods or services. A trade mark protects a brand. It is different from a patent (which protects an invention) and a design registration (which protects the appearance of a product).
You will often see the symbols TM and R. Anyone can use TM to claim a mark informally. Only a registered owner may use the R in a circle, which signals a trade mark registered with CIPC.
Why register a trademark
You can build a brand without registering it, but you carry all the risk. Registration is what gives you something you can defend and something you own.
- Exclusive rights. A registered trade mark gives you the exclusive right to use the mark for the goods or services it covers across South Africa.
- The right to stop copycats. You can take action against anyone using an identical or confusingly similar mark in your field, which is far harder and more expensive without a registration.
- A business asset. A trade mark is intellectual property. It can be sold, licensed or used as security, and it adds value when you raise funding or sell the business.
- Credibility and the R symbol. Registration lets you use the R in a circle and signals to customers, suppliers and investors that the brand is protected.
- A 10 year head start that renews. Protection runs for 10 years and can be renewed indefinitely, so a well looked after mark can protect your brand for as long as you trade.
South Africa trademark search
Before you file, search. A South Africa trademark search checks the trade marks register for marks that are identical or confusingly similar to yours in the classes you want. It is the single most useful step, because filing over an existing mark wastes the CIPC fee and can draw an objection or an opposition later.
You can run a free preliminary search yourself on the CIPC IP online system, which lets you look up registered and pending trade marks. CIPC also offers an official search request (Form TM2) for a small fee. A do it yourself search is a good first filter, but it will not always pick up similar sounding names, similar logos or marks in related classes, which is where most conflicts actually arise.
A proper clearance search reads across phonetic and visual similarities and related classes, then weighs the real risk of refusal or opposition. Insika runs this search as the first step so you do not pay to file a mark that was never going to clear.
How to register a trademark step by step
Registering a trademark in South Africa runs through CIPC from search to certificate. This is how a typical application works, whether you are protecting a word, a logo, or both.
- Run a trademark search
Search the CIPC register for identical or confusingly similar marks in the classes you need. Clear the brand before you invest in it, and adjust the mark or the classes if the search shows a real conflict.
- Decide your mark and your classes
Decide exactly what you are registering: a word, a logo, a slogan or a combination. Then choose the Nice classes that match what you actually sell. To register a logo trademark, you file the logo as an image (a device mark); to protect the name in any styling, you file the word separately as a word mark.
- Set up a CIPC customer code and deposit funds
Trade mark filing is done through the CIPC e-services system. You register a customer code, deposit funds into your CIPC account to cover the fees, and provide a South African address for service. This is the same kind of account used for other CIPC work.
- File Form TM1 and pay per class
Complete and lodge Form TM1 for each class, attaching the mark (the logo image for a device mark), and pay the filing fee per class. South Africa is a single class filing system, so a brand that covers, for example, clothing (class 25) and a retail service (class 35) needs a separate TM1 and fee for each class.
- Examination and any office action
A CIPC examiner checks the mark for distinctiveness and for conflicts with existing marks. The first official action commonly comes some months after filing. If the examiner objects, you receive an office action and you (or your representative) respond by meeting the requirement or arguing the point.
- Publication in the Patent Journal
Once the examiner accepts the mark, it is advertised in the South African Patent Journal. Publication opens a window in which the public can see the mark and object to it.
- Opposition period
Any interested party may oppose the application within three months of publication if they believe your mark conflicts with their rights. If no opposition is filed, or any opposition is resolved in your favour, the application proceeds to registration.
- Registration and certificate
CIPC enters the mark on the register and issues a certificate of registration. Protection runs for 10 years from the filing date and can be renewed indefinitely in 10 year terms.
Trademark classes (the Nice Classification)
Trade marks are not registered for "everything". They are registered for specific goods or services, grouped into 45 classes under the international Nice Classification: 34 classes for goods and 11 for services. You choose the classes that match what you actually sell. From 1 January 2026 CIPC applies the 13th edition of the Nice Classification (verify the current edition with CIPC).
A few common examples to show how the classes work:
- Class 25 - clothing, footwear and headgear.
- Class 9 - computer software, apps and electronics.
- Class 35 - advertising, retail and business services.
- Class 41 - education, training and entertainment.
- Class 43 - restaurant, catering and accommodation services.
Because South Africa files one class per application, the number of classes drives both the work and the cost. Choosing too few classes leaves gaps a competitor can exploit; choosing too many wastes money on cover you do not need. Match the classes to your real and planned business.
How much does trademark registration cost
The official CIPC cost is per class, because each class is a separate application. The figures below are the CIPC fees we verified for budgeting. They are not Insika prices, and professional help (search, drafting, responding to an office action) is additional.
| Item | CIPC fee |
|---|---|
| Trade mark application (Form TM1, ordinary mark) | R590 per class |
| Official search request (Form TM2) | R190 |
| Renewal of registration (Form TM5) | R260 per class |
| Late renewal additional fee (within one month of expiry) | R48 |
| Restoration after removal for non-payment | R145 |
| Certified extract from the register | R34 |
How long does trademark registration take
Trademark registration in South Africa is not quick. A realistic expectation is around 18 to 24 months from filing to registration for a clean application, though it can run longer.
- Examination: the first official action from CIPC commonly arrives several months to roughly a year after filing.
- Office action: if the examiner objects, the time to respond and resolve the objection adds to the timeline.
- Publication and opposition: after acceptance the mark is advertised in the Patent Journal, and a three month opposition window must run before it can register.
The important point is that your rights date back to the filing date once the mark registers. So even though registration is slow, filing early secures your priority. You can use the TM symbol while the application is pending; you may only use the R symbol once the mark is registered.
Documents and details you will need
A trade mark application is lighter on paperwork than many CIPC processes, but the details must be exact. You will generally need:
Trademark renewal and keeping the mark alive
A trade mark registration lasts 10 years from the filing date, and unlike most registrations it can be renewed forever. You renew by filing Form TM5 and paying the renewal fee per class before the expiry date. A renewed mark runs for a further 10 years, and there is no limit on the number of renewals.
Miss the date and there is a short grace period with a late fee. If a renewal is left unpaid the mark can be removed from the register, after which it can only be brought back through restoration, with a restoration fee and conditions (verify the current process with CIPC). Beyond renewal, a registered mark can also be challenged for non use, so a mark you never actually use on the market is vulnerable.
The practical lesson: diarise the 10 year renewal, keep using the mark in trade, and keep the ownership details on the register up to date if your company name or address changes.
Trade marks and copyright are not the same thing
People often ask how to register copyright at the same time as a trade mark. In South Africa you generally cannot, and you usually do not need to. Copyright is automatic. It exists the moment an original work (such as artwork, a logo design, writing, music or software) is created and fixed in a material form. There is no copyright register to file with for most works, and no registration fee.
So a logo can carry two kinds of protection at once: copyright in the artwork, which arises automatically when the designer creates it, and a trade mark, which you register at CIPC to protect the logo as a brand for your goods or services. If a designer created your logo, make sure the copyright is assigned to your business in writing, because copyright first belongs to the author or their employer, not automatically to the client who paid for it.
In short: register the trade mark to protect the brand, and use a written assignment to make sure your business owns the copyright in any logo or artwork it commissions. (Cinematograph films are the limited exception that can be registered for copyright in South Africa - verify with the relevant office if that applies to you.)
Official sources
This guide is based on the current rules published by the relevant South African authorities. Always confirm the latest fees and requirements with the office that applies to you.
