Trademark Registration

Overview

A trademark is the name, logo, tagline or mark that identifies your goods or services. Registration under the Trade Marks Act, 1999 gives the owner the exclusive right to use it for the classes it is registered in.

Without registration you rely on passing off, which means proving reputation and damage — expensive, slow and uncertain. With it you hold a registered right that supports an infringement action, and a mark that can be licensed, franchised or assigned like any other property. Only a registered mark may carry the ® symbol; unregistered marks are limited to ™.

The classes and the search matter more than the filing. A mark registered in the wrong class does not protect the business you actually run, and a mark filed without a proper search runs into an objection or an opposition months later. We search, advise on distinctiveness and classes, file, and handle objections and hearings through to registration.

Why choose this

Benefits of Trademark Registration

• Exclusive right to the mark

  Registration gives the owner the exclusive right to use the mark for the classes it covers.

• Stronger enforcement

  A registered mark supports an infringement action, which is far harder without registration.

• An asset you can license

  A registered mark can be licensed, franchised or assigned like any other property.

• The ® symbol

  Only a registered mark may use ®; unregistered marks are limited to ™.

How it works

1. 01

   Mark reviewed for distinctiveness

2. 02

   Public search across the relevant classes

3. 03

   Classes finalised and application prepared

4. 04

   Application filed and TM number issued

5. 05

   Examination report answered, hearing attended if required

6. 06

   Publication monitored through to registration