Trade Mark Registration in South Africa: Protecting Your Brand, Logo and Slogan

A trade mark is a brand name, slogan, logo or other distinctive sign that identifies the goods or services of one business and distinguishes them from those of another. A brand name may consist of a word or combination of words, such as Kentucky Fried Chicken. A slogan is generally a short phrase or sentence, while a logo is a distinctive image or symbol. Together, these elements help create a recognisable identity in the marketplace and may apply to both products and services.

Must a Trade Mark Be Registered?

A trade mark can only be protected and enforced under the Trade Marks Act 194 of 1993 if it is registered.Unregistered trade marks may still enjoy protection under South African common law. Registration, however, provides stronger statutory protection and results in a registration certificate giving the owner the exclusive right to use the registered mark in relation to the applicable goods or services. The Companies and Intellectual Property Commission (CIPC) administers South Africa’s Register of Trade Marks, which records trade marks formally applied for and registered in the Republic. Once registered, another person may not use the same trade mark, or one that is confusingly similar, in circumstances amounting to infringement. Legal proceedings may follow where those rights are violated.

How Long Does a Registered Trade Mark Last?

A registered trade mark may potentially be protected indefinitely, provided it is renewed every 10 years and the prescribed renewal fees are paid.

What Can Be Registered as a Trade Mark?

A trade mark must be capable of distinguishing one trader’s goods or services from those of another.Generally, a mark should:

• not consist exclusively of words describing the kind, quality, quantity, purpose, value, geographical origin or other characteristics of the goods or services;
• not have become customary in the relevant trade;
• not improperly represent protected emblems, such as national flags or protected national symbols or monuments;
• not be offensive, unlawful, contrary to good morals or deceptive; and
• not conflict with earlier existing rights.

Examples of Non-Registrable Trade Marks

Some words cannot be monopolised because other traders reasonably need to use them.

“24 Hours”

“24 HOURS” generally cannot be monopolised as a trade mark because other businesses may reasonably need to use the phrase in describing their trading hours.

“Cheese”

“CHEESE” cannot distinguish one manufacturer’s cheese from another and therefore cannot ordinarily be registered as a trade mark for cheese.

“Server”

“SERVER” would ordinarily be unsuitable as a trade mark for computer services because traders in the industry need to use the word in everyday business. However, “SERVER” could potentially be registered for unrelated goods, such as clothing, where the word is not descriptive or commonly required in that trade.

Creating a Stronger Trade Mark

Invented words, distinctive logos and original images are generally easier to distinguish, provided they have not been copied or become customary in the trade. Examples of invented marks may include:  PRZAY  |  EZEE  |  LOBULO

Another approach is to combine otherwise ordinary words with a distinctive word, name or symbol, for example:

• ZeZe Internet Café for restaurant services;
• Piggy Juice for fruit juice; or
• Ivanov’s Pizza Place.

Our own branding provides a practical illustration: 

The Trade Mark / Brand is Grobler Malope Incorporated   

and the Logo is the GM image

and the Slogan is When Results Matter...®

A properly selected and registered trade mark can become one of a business’s most valuable intellectual property assets. Before investing heavily in branding, businesses should therefore consider whether the proposed name, logo or slogan is sufficiently distinctive and whether conflicting trade mark rights already exist.

Whether you are a business owner or content creator, we ensure your position is legally protected and strategically managed. 

Grobler Malope Inc

When results matter...®     🌐 www.gmilaw.co.za

📍 Rustenburg | Nationwide Assistance

_{Copyright © 2026 Rohan Lamprecht. All Rights Reserved. Disclaimer: The information in this article is of a general nature for educational purposes only, relevant to the publishing date. Any opinions expressed are solely those of the author and do not necessarily reflect the views or opinions of Grobler Malope Inc. The content is not intended to constitute professional or legal advice, and you are encouraged to call and consult with our attorneys to discuss your specific situation before making any decisions. Grobler Malope Inc - 087 057 1790 - info@gmilaw.co.za}