Filing an application for registration
Once you have decided on your trade mark and confirmed that it is available for you to use, you can file your application for registration. There are official forms to be used, and ‘filing’ an application, or ‘lodging’ an application means the same thing. Bear in mind that just because you have filed an application for registration does not mean your trade mark is registered. There is some way to go before that stage.
You can complete your own application and submit it to CIPC. However, consider this: there is no law which says that you may not do a surgical operation on yourself — but it is not a very good idea, is it? Some things are best done by people who know what they are doing, and someone with expert knowledge should assist you to complete the application form. Better still, you can give that person a ‘power of attorney’ — a written authorisation from you to do it on your behalf. As mentioned, SAIIPL can provide a list of specialist and experienced trade mark lawyers who know what is required.
On the example of the registration certificate in the Introduction you will see reference to an ‘address for service’. This is the address you nominate, when your application is filed, for all communications relating to the application and the eventual registration.
Read section 66 of the Trade Marks Act.
An official fee must be paid to CIPC when the application is lodged. This is in addition to the fee that a trade mark lawyer will charge you for their legal services. The official fee is fixed, but different lawyers charge different rates.