Understanding the function and purpose of a trademark is the first step toward protecting your brand under trademark law in South Africa. This article explains what a trademark is, what it protects, and why it matters for businesses of all sizes.

What Is a Trademark?

A trademark is a registered sign or symbol that identifies and distinguishes the goods or services of one business from those of another. It can take the form of a word, phrase, logo, image, or even a combination of these elements.

What Can Be Trademarked in South Africa?

Under the Trade Marks Act, a wide range of marks can be registered, provided they are distinctive and not misleading, offensive, or overly descriptive.

• Business names
• Product names
• Logos or designs
• Slogans
• Colours, sounds, and shapes (in limited cases)

What Does a Trademark Protect?

Registering a trademark gives the owner exclusive rights to use the mark in relation to the specific goods or services for which it was registered.

Preventing Unauthorised Use

Trademark protection helps prevent others from using identical or confusingly similar marks that could mislead consumers or damage your brand reputation.

Legal Recognition and Enforcement

A registered trademark serves as a legal tool to enforce brand rights and pursue action against unauthorised use under trademark law in South Africa.

Trademark Registration in South Africa

Trademark registration is handled by the Companies and Intellectual Property Commission (CIPC). While not compulsory, registration significantly strengthens legal protection and makes enforcement more effective.

Why Register a Trademark?

• Confirms ownership
• Deters infringement
• Facilitates enforcement
• Adds value to your business

Protecting Your Brand Through Trademark Law

Knowing what a trademark protects allows businesses to take proactive steps in safeguarding their intellectual property. While registration is an essential first move, it’s equally important to be aware of what to do if someone violates your rights.

Van Deventer & Van Deventer Inc. – Trademark Attorneys

Our attorneys offer trusted advice on trademark protection, registration, and enforcement. If you need assistance understanding what a trademark protects or how to register your mark under trademark law in South Africa, we’re here to help.

Contact us to speak with an experienced trademark attorney.

What to Do When Your Trademark Is Infringed

If your registered mark is being used without permission, this may amount to trademark infringement. In our next article, we explain how to respond to brand infringement and take legal action under trademark law in South Africa.