cipc.co.za Trade Mark Search : Companies & Intellectual Property Commission
Name of the Organization : Companies & Intellectual Property Commission
Type of Facility : Trade Mark Search
Location : Cape Town
Website : http://www.cipc.co.za/index.php/
CIPC Trade Mark Search
** A trade mark is a brand name, a slogan or a logo.
Related : CIPC Patent Search : www.sanotify.com/4458.html
** It identifies the services or goods of one person and makes them different from the goods and services of another.
Examples include :
Brand Name : Coca Cola, Aquafresh
A slogan : “Everything keeps going right Toyota”
A logo : The Nike tick, or the MacDonalds “Golden Arches”
Specific shape : The Coca Cola bottle
** Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken).
** A slogan is a short phrase or a sentence and a logo is a distinctive picture or symbol.
** They provide a distinctive identity in the marketplace. They can apply to both products and services.
** When a trade mark (brand name, slogan or logo) has been registered, nobody else can use this trade mark, or one that is similar.
** If this happens, legal action may result.
** There have been some high-profile court cases in South Africa such as when MacDonalds (USA) sued a Fast Food operator in South Africa who was using a similar “M” symbol.
Basic Search (e-Searching) :
** You may conduct a cursory search of the Trade Marks Register to determine if the mark you may wish to use is available to you.
** This search facility only provides basic search information.
** This search facility is free of charge.
** You may apply on a form TM2 for a special (preliminary) search in the Trade Marks Register to determine if there are no existing prior rights in an identical or confusingly similar trade mark to your intended mark, which could prevent the registration of yours.
** The form TM2 must be completed as shown on the SAMPLE TM2.
** The cost for a special search is R190.00 and the proof of payment must reach us on or before the date that you apply for the special search.
** This fee is payable for each separate class/es you require the special search to be conducted in.
** A special search is not mandatory but will help you to determine if the mark you may wish to use is indeed available to you.
** Should you require more detailed information you can also conduct a trade marks search via IP Online.
** This search facility is not free of charge and fees are payable in line with the prescribed fees in terms of the Trade Mark Regulations.