Online Trademark Application

Client Details

Before we get started, we need to please onboard you as a client. Kindly download the Bergenthuin Law New Client Form here, fill it out, then upload it using this button:

Next, please select your currency before filling out the form fields below as changing currency will reload the page.

  • *Client Type

    Are you individual(s) (i.e. natural person(s)) or do you represent a company or an organisation (i.e. a juristic person)?

    Proof of Identity

    In order to comply with South African anti money laundering legislation (also known as FICA), please may you provide us with the following:

    * 

    • (max file size 64 MB)

    Proof of Identity

    In order to comply with South African anti money laundering legislation (also known as FICA), please may you provide us with the following:

    Copy of RSA identity document or RSA Passport

    • (max file size 64 MB)

    Proof of address, not older than 3 months

    • (max file size 64 MB)

    Now we can get started. This is just a reminder that a trade mark protects a name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation or color. Firstly, please note that the name/logo/slogan that you seek to protect must distinguish your goods or services from the goods or services of others. As such, trademarks are filed in respect of a particular class of goods or services in respect of which the trademark is intended to be used.

    A trademark can therefore only prevent the registration and use of a deceptively similar mark in respect of the same goods or services for which it has been registered. We have outlined the classes of goods and services in respect of which your trade mark can be filed. A mark can only be filed in one class of goods or services, per trademark application. As such, each additional class of goods or services selected will incur a further filing fee.

    We will lodge your application with the South African Trade Mark Office within 1 -2 Business Days from receipt of the requested documentation and payment. We will subsequently email you the filing receipt, as confirmation that the filing has been attended to, upon receipt thereof from the South African Trade Mark Office. Please allow 3 – 4 business from submitting your application online for receipt of the filing receipt.

    After filing the application, the Registrar of Trademarks will examine the application approximately 12 – 18 months. In certain instances, the Registrar may issue an ‘official action’ in which certain requirements are set for acceptance of the application. Once the requirements are complied with, if any, the application will be accepted and then be advertised in the Patent Journal. The application will then be open for opposition by third parties for a period of 3 months. If no objections are raised during the opposition term, a Certificate of Registration will be issued.

    In South Africa, until the mark is registered, you may only use the abbreviation “™” next to your trade mark. Once the mark is registered, however, you may use the abbreviation “®” next to your trade mark.

    Kindly note that the cost involved in preparing and filing your South African Trademark Application will be R3650 (or US$195) per mark, per class of goods/services. Additional costs will apply in respect of the prosecution of your trademark to registration before the Trade Mark Office as well as in respect of keeping your registration in-force by way of the annual renewal fees that are payable.

    Applicant Details

    In a trade mark application, the Applicant is the owner of the trade mark. This may be a company and may be more than one person or company. Kindly complete the below information regarding the Applicant.

    *Applicant name

    *Applicant type

    Are you a natural or juristic person?

    *Applicant's physical address

    *Country

    Number of applicants

    Please select the number of applicants you would like to include in this application, then complete the details for each one below.

    Applicant 2 Details

    *Applicant name

    *Applicant type

    Are you a natural or juristic person?

    *Applicant's physical address

    *Country

    Applicant 3 Details

    *Applicant name

    *Applicant type

    Are you a natural or juristic person?

    *Applicant's physical address

    *Country

    Applicant 4 Details

    *Applicant name

    *Applicant type

    Are you a natural or juristic person?

    *Applicant's physical address

    *Country

    Applicant 5 Details

    *Applicant name

    *Applicant type

    Are you a natural or juristic person?

    *Applicant's physical address

    *Country

    Trademark Details

    *Is your trademark a word/verbal mark or a logo/image?

    Enter word mark:

    Is the word mark case sensitive?

    What are the words appearing in the logo/image?

    Upload logo/image:

    • (max file size 64 MB)

    Select Relevant Classes

    Please select the relevant class(es) of goods or services in respect of which your trade mark is intended to be used.

    To provide some assistance, and as an illustrative example, if you owned the brand name Nike™️ you would select Class 25, as it relates to clothing and footwear. In addition, you would also look at Class 41 if your business were involved with sporting activities as well.

    Please note that a separate South African trademark will be filed for each class selected. As such, a further separate application cost will be levied for each additional class indicated.

    * 

    *Claiming priority from an earlier trade mark filing?

    Please note that South Africa is a member of the Paris Convention. As such, it is possible to claim priority from an earlier foreign trade mark application, which will essentially back-date your South African trade mark protection to the date of the earlier, foreign trade mark filing. The earlier filing must have taken place six (6) months prior to the date of filing in South Africa.  

    A certified copy of the priority document must be provided to the South African Trade Mark Office within three (3) months from filing the trademark application.

    Are you claiming priority from an earlier trade mark filing:

    *Filing Date

    Filing Date of Earlier Priority Application

    *Country

    Country of Filing

    *Application No

    Trade Mark Application Number

    Power of Attorney

    The final step for this application will be obtaining signed copies of the Power of Attorney which is to accompany the application. Please be advised that this document may be submitted to the Trade Mark Office at a later stage, and may be submitted up to 6 months from the date of filing the application. However, a late submission of this document will delay the prosecution of your application and will carry an additional cost.

    *Download, Sign, Upload

    Please click here to download the Power of Attorney form required for the application. Kindly complete and sign the form (electronically or in writing) and upload the signed document below.

    • (max file size 64 MB)

    Please note that the submitted trade mark application has not yet been filed and will be sent to Bergenthuin Law Inc for preparation and filing with the South African Trade Mark Office.

    Confidentiality: We confirm that all information received from yourselves will be held in confidence and that we will not use or disclose any information received to third parties (apart from the South African Trade Mark Office for submission who will also keep the documents and information submitted secret).