[Question] Trademark name / logo application

[videosurfer]

I have a question for the trademark experts out there:

Is it possible to trademark a name (e.g. uniquename) or does the trademark only pertain to a logo or typeface? And is it possible to register both a name and a logo (to be used separately and together)? We already have a (Pty) Ltd company registered with the same name we wish to trademark.

Also, once the trademark application is in place, are we able to use the TM sign on the name / logo?

(The CIPC (www.cipc.co.za) does not provide that much information pertaining to registering trademarks, and attempts to phone (no answer) or email (generic reply) do not go far.)

Thank you.

[Just Gone]

Welcome to the forum video.........

[CLIVE-TRIANGLE]

Both the name and logo can be registered; it is one registration.
You can register it at CIPC. It is a manual process that costs R590.
The form, http://www.cipc.co.za/Trademarks_files/TM1.pdf must be lodged in triplicate.
Trademarks must be renewed every 10 years.

[roryf]

I applied for 2 trademarks in May 2010 with Adams & Adams.I got one back about 3 months ago and we have just appealed the the finding on the other.

Be prepared for a long wait!!

[videosurfer]

Thanks for your replies. How does one submit the documents? Via post or is there a more efficient way of doing it? And must one make a bank deposit or send through cash. It is not clear on their website.

[Dave A]

And must one make a bank deposit or send through cash. It is not clear on their website.

As far as I know they don't take cash. The way to do it is make a deposit into their bank account. Details are here.

Whatever you do, do not mess up the deposit reference!

[videosurfer]

Thank you!

[videosurfer]

I assume that the "GPA [General Power of Attorney] Number" doesn't apply on the TM1 form if you are submitting it on behalf of your own company?

[BusNavig8]

If you are supplying a graphic you have to supply an additional 3 copies attached to the TM forms. The money is deducted from your virtual account. If you can't hand in the forms yourself get it done via a courier counter to door. The physical address is on the website. Make sure it says Block F. It takes about 2- 4 weeks for you to get your number. Once you have received this number you can add the TM behind the mark. Them the application goes into the system. If there is a conflict or an objection they will notify you. Ie if you want to trademark your tagline and it contains an ordinary used name you will have to disclaim the use if that word in your tagline. For example. Our tagline for Business Navigators us Dare! To be remarkable. As remarkable is a generally used term we had to agree to disclaim it to get the tagline registered. Now if we were Coke we would have no problem with getting coke is life through without having to disclaim the word life because they have such a high level of brand equity. From start to finish the trademark will take approximately 30 months and you can register for the online journal to check when it is advertised. Remember the trademark is only valid in SA and goes according to class, so if you are selling cars and repairing them you would have to register to marks as those two categories fall into different classes. This is very important where there is trademark infringement. Hope this helps!

[BusNavig8]

Oh and if you are in partnership with anyone make sure the trademark is registered in the companies name so that it becomes a brand asset and if the partner leaves so does the trademark!!