Trademark/Business name question

[Raevinn]

Hey everyone, so I am busy setting up my own company. I have already decided on a name, but I don't know how to check whether the name is taken or not. I did a google search and it doesn't seem like a company with that name exists in South Africa. I bought the domain name already too. Now that I'm going to have a logo designed I'm not sure whether I can continue or not since I don't want to violate any copyright laws or anything like that. Any help would really be appreciated.

 

[MartyMarts]

I did the same exercise but through an small accounting/bookkeeping firm and I got a result on my name reservation a couple of days later. Not sure how one would check for themselves though - maybe contact CIPS (or whatever it's called theses days) directly? I did initially get asked to list 5 names in order of preference 'in case' my first choice wasn't available.

 

[burn]

You can do free company name searches on the CIPC website here: http://www.cipro.gov.za/products_services/search.asp

Copyright comes into existence when reduced to a material form. Due to the nature of copyright, there is no comprehensive registration process. As long as you believe your logo is unique (i.e. that you are not copying anyone) and it is created through your own/the designers effort and skill, it is unlikely that you will be infringing another's copyright.

Trade marks can be registered or exist through use in terms of the common law. Unfortunately, the on-line SA Trade Marks database is a subscription service and you will need to set up an account and pay per search. You can however instruct trade mark attorneys to carry out a search of the register. A Google search, as you have done, is the best free option.

I hope this is helpful.

 

[SukkaFoo]

I did the same exercise but through an small accounting/bookkeeping firm and I got a result on my name reservation a couple of days later. Not sure how one would check for themselves though - maybe contact CIPS (or whatever it's called theses days) directly? I did initially get asked to list 5 names in order of preference 'in case' my first choice wasn't available.

Go onto the CIPC website and register there, and look to do a name registration. If I recall it costs around R75 and its valid for a year or do. You will need to pay some money into your CIPC account before they will let you transact

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[burn]

Go onto the CIPC website and register there, and look to do a name registration. If I recall it costs around R75 and its valid for a year or do. You will need to pay some money into your CIPC account before they will let you transact

Yes, registering a business name is easy to do.

The only problem is that CIPC only searches for conflicting company names and does not search the TM register (although they should). As such, it does not guarantee that you are safe to use the name as a trade mark.

 

[Raevinn]

Wow, thanks a lot for the help guys. Seems like there aren't any other enterprises with my name. Awesome!
I'm just unsure as to where trademarks fit into the picture. The only thing I got on trademarks similar to my company name is a developmental module of some email client.