How to Register a Trademark

How to Register a Trademark


What is a Trademark?

A trademark is a brand name or slogon that identifies and differentiates the goods and/or services of one person from those of another. Once a trademark is registered, nobody else can use it to represent their product or service. A registered trademark is protected and defended under the Trade Marks Act, which can be read here. A trademark is valid for 10 years and can be renewed by paying the specified renewal fee.

A copy of the Trade Marks Regulations can be found here.

There are various fees and forms that are applicable to each type of registration or request. You can view the pricing structure on the CIPC website here.

When registering a trademark, it will have to be classified under a certain class heading. There are currently 45 different headings which can be viewed here. By visiting the CIPC website, you can also take a look at a more in-depth analysis of each class and find out which classes conflict with one another. There are currently 7 different types of trade mark related registrations forms which can be downloaded here:

TM1 Application for registration of a trade mark
TM2 Application, notification or request to the Registrar
TM3 Notice of Opposition
TM4 Notice of Intention to Defend
TM5 Payment and certificate of renewal/restoration
TM6 Application to record a transaction affecting the rights in a trade mark assignment, transmission, hypothecation or attachment
TM7 Application for registration, variation, cancellation or maintenance of a registered user

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