TRADEMARKS – SA Fashion Law

What is a Trademark?

A trademark is a unique sign used to identify and distinguish the goods or services of one entity from those of others. It functions as a distinctive mark that sets your brand apart in the marketplace.

Trademark Rights

The owner of a registered trademark has exclusive rights to use, sell, or license the trademark, as defined by the South African Trademarks Act No. 194 of 1993.

Benefits of Registering a Trademark

Registering a trademark provides protection for a brand’s reputation. It prevents competitors from imitating products or services and helps avoid consumer confusion. This legal protection is essential for preserving brand integrity.

WHAT CAN BE TRADEMARKED?

Logos, words letters, numbers, colours, a phrase, sound, scent, shape, picture, aspect of packaging or branding – or any combination of these. Examples include Adidas, Louis Vuitton, Coca-Cola.

What Can Be Trademarked?

In the fashion industry, various elements can be trademarked, including:

Logos (e.g., the iconic "Nike Swoosh")
Brand names (e.g., "Chanel")
Distinctive patterns or prints (e.g., Burberry’s checkered pattern)
Colours (e.g., Tiffany Blue)
Slogans (e.g., “Just Do It” by Nike)
Unique product shapes or designs (e.g., Christian Louboutin’s red soles)

Trademark Classes

Trademarks are categorized into 45 classes based on the nature of the goods or services they represent. For example:

In South Africa, a separate application must be filed for each class in which trademark registration is sought.

Types of Trademarks

Must the Trademark be registered before it can be used?

You can start using your trademark once you receive your filing receipt from the Trademark Office. During the registration process, you can use the ™ symbol. Once your trademark is officially registered, you may use the ® symbol.

Register Your Trademark

If you are interested in registering your trademark, enquire now. We will contact you to discuss your requirements and provide a quotation.

SA Fashion Law