A trade mark must be capable of distinguishing your goods or services from everyone else's. Marks that are purely descriptive of what you sell, generic, deceptive, contrary to law, or confusingly similar to an existing registration are refused. Invented and arbitrary words register most easily and enforce most strongly. Descriptive names — the ones that sound clearest in a marketing meeting — are the hardest to protect.
That tension is the whole subject. The name that explains your business is usually the name you cannot own.
The spectrum of distinctiveness
This determines everything. Where your name sits on this scale predicts whether it registers and how strongly it protects you.
| Type | Example shape | Registrability | Enforcement strength |
|---|---|---|---|
| Invented | A coined word with no prior meaning | Easiest | Strongest |
| Arbitrary | A real word unrelated to the product | Easy | Strong |
| Suggestive | Hints at a quality without describing it | Usually fine | Good |
| Descriptive | States what the product is or does | Difficult | Weak even if registered |
| Generic | The common name for the product itself | Impossible | None |
"Superior Plumbing Services" is descriptive. It tells the customer exactly what you do, which is why marketing likes it — and exactly why you cannot stop the next plumber calling themselves that.
An invented word means nothing to a new customer and takes marketing spend to establish. But once established, it is yours, and infringement is obvious.
Most strong South African brands sit in the invented or arbitrary bands. That is not a coincidence.
What gets refused
Purely descriptive marks. Words that describe the kind, quality, quantity, intended purpose, value or geographical origin of the goods. Other traders need those words to describe their own products, so the law does not hand them to one business.
Generic terms. The ordinary name for the thing itself. Nobody registers "Bread" for bread.
Marks confusingly similar to an existing registration in the same or related classes. This is the most common refusal in practice, and the reason a search comes before a filing.
Deceptive marks — likely to mislead about the nature, quality or origin of the goods. A mark implying a product is South African when it is not, or implying an accreditation you do not hold.
Marks contrary to law or morality, or offensive.
Protected emblems and symbols — national flags, state emblems, and other marks reserved by law.
Marks that would imply an official or state association you do not have.
Common surnames and place names on their own generally struggle, because other people with that surname or in that place have a legitimate interest in using them.
Descriptive marks: the workarounds and their limits
Acquired distinctiveness. A descriptive mark can sometimes become registrable where long and extensive use has made the public associate it specifically with you. The evidence bar is high — years of use, substantial sales, advertising spend, survey evidence. It is not a starting position, it is a case you build.
Add a distinctive element. Pairing a descriptive phrase with an invented word or distinctive logo can produce a registrable mark. But the protection attaches to the distinctive part, not the descriptive words. Registering a logo containing "Cape Town Plumbing" does not give you rights over "Cape Town Plumbing".
Register the logo instead. A device mark protects the visual identity. It does not stop a competitor using the same words in a different design.
The honest answer for most descriptive names: the mark you can register is not the mark you actually wanted, and the protection is thin. If brand protection matters, the decision to make is at naming, not at filing.
What you can register beyond a name
Word marks — the name in plain text, however it is styled. Generally the most useful for a name
Device marks — logos and visual elements
Combined marks — word and logo together
Slogans, where distinctive enough
Shapes, colours and other non-traditional marks, which are possible but considerably harder
Word mark or logo? A word mark protects the name in any styling, which is usually what a business actually needs. A device mark protects that specific design — useful, but a competitor using your name in a different font is untouched. Where budget allows, the word mark is generally the first priority.
Choosing a name you can actually own
If you are naming something now, this is the sequence that avoids the expensive version of this problem.
1. Bias towards invented or arbitrary. Harder to launch, far easier to own.
2. Search the trade mark register early — before the shortlist becomes an emotional attachment.
3. Check the domain and social handles at the same time. They are separate and first come, first served.
4. Avoid descriptive traps. If the name explains the service, ask what stops a competitor using the same words. Usually nothing.
5. Test it across the classes you might expand into, not only the one you start in.
6. Then reserve the company name and register the company. See what is a company name reservation.
A name that clears the trade mark register, has the domain available and is distinctive enough to register is worth more than a name that sounds slightly better. That trade-off is worth making deliberately rather than discovering it two years in.
Frequently asked questions
What can be registered as a trade mark in South Africa? Any mark capable of distinguishing your goods or services from others — brand names, logos, slogans and other distinctive marks. Invented and arbitrary words register most easily; descriptive and generic terms generally cannot be registered.
Why was my trade mark application refused? Most commonly because the mark is confusingly similar to an existing registration in the same or a related class, or because it is purely descriptive or generic. Deceptive marks, marks contrary to law, and marks implying a state association are also refused.
Can I trade mark a descriptive business name? Generally not in its plain form, because other traders need those words to describe their own products. A descriptive mark may become registrable through acquired distinctiveness after long and extensive use, but the evidence bar is high.
Should I register the word or the logo? The word mark protects the name in any styling, which is usually what a business actually needs. A device mark protects that specific design only — a competitor using your name in a different font would be untouched.
Can I trade mark my surname? Common surnames on their own generally struggle, because others with the same surname have a legitimate interest in using it. A distinctive surname, or one combined with other distinctive elements, has better prospects.
Can I trade mark a slogan? Yes, where the slogan is distinctive enough to function as a badge of origin rather than as ordinary advertising copy.
What is the difference between descriptive and suggestive? A descriptive mark states what the product is or does. A suggestive mark hints at a quality and requires some imagination to connect it to the product. Suggestive marks are generally registrable; descriptive ones generally are not.
Decide this at naming, not at filing
By the time you are filing, the name is on the signage and the vehicles. The cheapest moment to find out a name is unregistrable is before anyone has printed anything.
Smartbook searches the register and tells you plainly how registrable a mark is before you spend on the application — and files it when the answer is good.
Last reviewed: 31 July 2026. Written by the Smartbook team — SAIPA and SAICA accredited, SARS registered tax practitioners. Registrability is a legal assessment under the Trade Marks Act 194 of 1993 and depends on the specific mark, class and existing register — take specialist advice before relying on any general guidance.
Primary sources: CIPC — Trade Marks · Trade Marks Act 194 of 1993