How Do You Register a Trademark With CIPC?

Q: Can I register a trademark for services only?

Yes, CIPC allows trademarks for goods or services. Select appropriate classes when applying to ensure full coverage of your service offerings.

Q: Is it necessary to trademark a logo and name together?

You can register a trademark for the name, logo, or both. Many businesses protect both separately or combined to ensure comprehensive brand security.

Q: Can I use a trademark without registering it?

Using a trademark without registration grants limited common law rights but weaker legal protection. Registration with CIPC provides stronger, enforceable rights.

Q: How do I know which trademark class to choose?

Trademark classes follow the international Nice Classification. Choose classes that cover your goods or services. Consulting CIPC guides or experts is recommended.

EasyCIPCRegister
Jul 18
5 min read

Learn how to register your trademark with CIPC in South Africa. Understand the process, costs, search tips, and common mistakes to protect your brand effectively.

Author: written by the EasyCIPCRegister team, experts in South African company registration and compliance. Trusted by hundreds of readers, EasyCIPCRegister delivers up-to-date, practical advice on how to start and manage a successful business.

An infographic titled "Trademark Registration with CIPC" with five steps: 1) Conduct a Search with a magnifying glass icon, 2) Prepare Application with a document icon, 3) Submit to CIPC with an envelope icon, 4) Examination Process with a checklist icon, and 5) Receive Certificate with a certificate icon, addressing "How Do You Register a Trademark With CIPC?"

Five Key Takeaways

Conduct a thorough CIPC trademark search before applying.
Register trademarks by selecting the correct classes for your business.
The CIPC trademark registration fee starts at R590 per class.
Use professional services to avoid errors and speed up approval.
Trademark protection lasts 10 years and requires timely renewal.

Registering a trademark with the Companies and Intellectual Property Commission (CIPC) is crucial for protecting your brand legally in South Africa when registering a company. When you register a trademark with CIPC, you gain exclusive rights to your unique brand elements like logos, names, or slogans.

This legal protection helps stop competitors from copying your identity and builds trust with customers. Whether you run a startup or an established business, understanding how to register trademark CIPC properly can save you time and money while securing your brand.

What Exactly Is a Trademark, and Who Uses It?

A trademark is a unique word, logo, symbol, or slogan that distinguishes your goods or services from others in the market. It acts as your brand's signature. In South Africa, trademarks are registered with CIPC, which grants you exclusive use rights within the country.

Businesses that commonly register trademarks include

Startups launching new products or apps
Retailers branding goods or packaging
Service companies with unique taglines
Creative firms protecting logos and designs

By registering a trademark with CIPC, you legally prevent others from using identical or confusingly similar marks.

Who Usually Handles Trademark Registration in Companies?

In South African companies, trademark registration responsibilities vary depending on size and resources:

Small businesses and startups: Founders or owners usually manage the process themselves.
Growing companies: Marketing or brand managers typically handle registrations aligned with brand strategy.
Large corporations: Legal departments or intellectual property (IP) teams oversee filings and enforcement.

Many businesses, regardless of size, opt to work with professional services like EasyCIPCRegister to minimize errors and speed up the registration process.

An infographic titled "Trademark Registration Roles" with a flowchart showing roles: Legal Team with a gavel icon, Intellectual Property Specialists with a patent icon, Marketing Department with a megaphone icon, and External Attorneys with a briefcase icon, addressing "Who Usually Handles Trademark Registration in Companies?

How Do You Perform a CIPC Trademark Search Correctly?

Conducting a thorough CIPC trademark search before applying is essential to avoid conflicts. This search identifies if your desired trademark or similar marks already exist.

Steps to perform a CIPC trademarksearch:

Visit the CIPC eSearch portal.
Enter your proposed trademark name, logo description, or phrase.
Review search results for identical or similar trademarks.
Consider a professional search for a detailed report.

Skipping the CIPC trademark search increases the risk of application rejection, wasting time and fees.

What Are the Exact Steps to Register Trademark CIPC?

The register trademark CIPC process involves these key steps:

Conduct a detailed CIPC trademark search to ensure availability.
Identify the correct trademark class or classes for your goods/services.
Prepare and complete the TM1 application form with accurate details.
Submit the application online via the CIPC portal or a service provider.
Pay the CIPC trademark registration fee according to the number of classes.
CIPC examines the application for conflicts or issues.
Your application is published in the Patent Journal for a 3-month opposition period.
Address any oppositions raised during the publication.
If unopposed, receive your registration certificate.

Typically, the process takes 6 to 9 months if no objections arise.

How Much Is the CIPC Trademark Registration Fee?

Understanding the CIPC trademark registration fee structure helps you budget effectively:

The official government fee is R590 per trademark class.
Additional classes each cost R590.
Registrability searches typically cost around R2,500 plus VAT.
Professional legal fees can range from R3,000 to over R10,000.
Trademark renewals are required every 10 years to maintain protection.

For example, registering one trademark in one class with legal help usually costs around R4,090 plus VAT, covering the search, application, publication, and registration fees.

What Common Mistakes Should You Avoid When Registering?

Avoiding mistakes during the register trademark CIPC process can save considerable time and money.

Common pitfalls include:

Skipping the CIPC trademark search altogether.
Selecting generic or similar names to existing trademarks.
Choosing incorrect trademark classes limits protection.
Submitting incomplete or incorrect information on the TM1 form.
Assuming brand protection without completing the official registration.

Proper research and preparation, or using expert help, ensure a smoother application process.

An infographic titled "Common Trademark Registration Mistakes" with a list of five pitfalls: 1) Incomplete Applications with a warning sign icon, 2) Similar Existing Marks with a magnifying glass icon, 3) Missing Deadlines with a clock icon, 4) Inadequate Description with a document icon, and 5) Ignoring Local Laws with a gavel icon, addressing "What Common Mistakes Should You Avoid When Registering?"

Why Should You Use a Professional Trademark Service?

While you can register directly through CIPC, many businesses prefer professionals like EasyCIPCRegister because they:

Ensure correct class selection.
Perform comprehensive CIPC trademark searches.
Accurately complete and submit applications.
Handle oppositions or official queries.
Save you time and reduce stress.

Using a service often speeds up approval and reduces chances of costly errors.

How Can You Enforce Your Trademark Rights After Registration?

Once your trademark is registered with CIPC, enforcement is key to maintaining your exclusive rights:

Monitor the market for unauthorized use of your trademark.
Send cease-and-desist letters to infringers to stop unauthorized use.
Pursue legal action if infringements continue.
Use registered trademarks as leverage in business negotiations or licensing.

Strong enforcement maintains your brand’s value and customer trust.

Frequently Asked Questions

How Long Does Trademark Protection Last in South Africa?

Trademark registration with CIPC grants protection for 10 years from the filing date. You can renew the trademark indefinitely every 10 years by paying renewal fees. Timely renewal keeps your rights active, preventing others from registering the same or similar marks. Missing renewal deadlines can result in loss of protection and risk to your brand identity. Renewals are simple but essential for long-term brand security.

Can I Register a Trademark for Services Only?

Yes. The CIPC trademark system covers goods, services, or both. You must select the correct class(es) related to your services when applying. Many service-based businesses, like consultancies, marketing agencies, and tech firms, register their service trademarks to protect their brand identity. Selecting appropriate service classes ensures your trademark covers the areas where you operate.

Is It Necessary to Trademark a Logo and Name Together?

You can register a trademark for a word (name), logo, or both. Some businesses register just the name, others the logo, and many register both to maximize protection. Registering both helps prevent others from copying your visual brand elements or your business name. It’s common to file separate applications for each or a combined application if the logo includes the name.

Can I Use a Trademark Without Registering It?

You may use a trademark without registration, which gives some common law rights through use. However, unregistered trademarks have weaker protection and are harder to enforce legally. Registering your trademark with CIPC provides stronger exclusive rights and easier legal remedies against infringers. We recommend registration for businesses serious about protecting their brand identity and growth.

How Do I Know Which Trademark Class to Choose?

Choosing the correct trademark class is vital. CIPC uses the international Nice Classification system with 45 classes split between goods and services. You select the class(es) covering your products or services. Misclassification risks leaving your trademark unprotected in certain business areas. Use CIPC’s class guide or consult a trademark professional to choose classes that align with your business activities.