Trademarks protect signs that identify the source of goods or services - words, logos, colours, sounds, shapes. Registration at CIPC is optional but powerful: it gives a statutory right enforceable nationally. Unregistered marks can still be protected under common-law passing off, but only with proof of reputation. The Nice Classification (45 classes) governs what registration covers.
When to hire a trademark registration & disputes attorney
- You want to register your brand as a trademark.
- A similar mark is being registered (opposition proceedings).
- Someone is using a mark similar to yours (infringement).
- Trademark licences or assignments need drafting.
- A brand is being used without consent online or offline.
What to expect
A trademark search confirms availability. Filing at CIPC takes 18-24 months for a straightforward mark. Oppositions can extend this. Infringement claims can be combined with passing off (common law) and unlawful competition. Online infringements (domain names, social media) often resolve via platform takedown processes before litigation.
Typical fees
Single-class registration: R5,000-R10,000 including CIPC fees. Oppositions: R20,000-R100,000. Infringement litigation: R100,000-R800,000+. Domain/social media disputes: R15,000-R80,000.
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