We conducted this search at the South African Trade Marks Office
making use of the Registrar of Trade Marks' data base which
includes all trade marks applications and registrations in force in
The search does not include reference to other registers such as
that of the Registrar of Companies and Close Corporations
("the Companies Register"), nor does it make reference to
trade marks which may be in use commercially but which have not
been registered, or applied for, as trade marks in terms of the
Trade Marks Act No. 194 of 1993 ("the Trade Marks
In view of the above, clients are cautioned not to accept the
results of our search conducted as conclusive proof of the
availability of a trade mark for use and registration. It is
therefore recommended that clients also consult alternative sources
such as the Companies Register, major telephone directories,
telephone enquiry services offered by Telkom and other
communication service providers as well as the internet, to further
assist in determining the availability of a trade mark for use and
registration. We are well placed to also assist clients in this
Further to the above, clients' attention is drawn to
The Registrar of Trade Marks does not guarantee the accuracy of
its records and does not accept responsibility for any errors or
omissions that may be present in its records nor the consequences
resulting from such errors. This search report is therefore subject
to the accuracy of the records searched;
The Registrar of Trade marks receives numerous trade mark
applications daily, which are captured electronically on the Trade
Marks Office's data base. Unfortunately, delays are often
experienced in this process, which result in trade mark
applications, which having been filed 7 – 14 days prior
to conducting a search, not being revealed as part of the search
results. It is therefore recommended, in instances where trade
marks have not been used, to conduct a further search once an
application has been filed, To determine if an identical
application has been filed; and
Searches are only conducted in classes which cover goods and/or
services which may be in conflict with the proposed business
activities of clients. Our search report therefore does not include
reference to non-related goods and/or services and identical and/or
similar trade marks that may have been applied for, or registered,
in relation to these goods and/or services.
Finally, and in view of various amendments to the Trade Marks
Act which provide extensive protection to the proprietors of well
known trade marks, such as NIKE, ADIDAS, VW, etc., which in turn
prohibit the exploitation and use of these trade marks, even in
relation to non-related goods/services, clients should exercise
caution in adopting trade marks which are similar or identical to
existing trade marks.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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