How To Register Small Business In South Africa – Whether you’re a blogger or an entrepreneur, a merchandiser or a service provider, you’re basically the business owner who needs to make sure you take the necessary steps to protect your business name.
Note: I am not a small business expert. All of the information below is what I have to follow myself to protect my business/blog.
How To Register Small Business In South Africa
The Companies and Intellectual Property Commission (CIPC) is the regulatory body in South Africa responsible for managing and maintaining the registration of companies, cooperatives and intellectual property rights (trademarks, patents, designs and copyrights). They have a ton of information on their website, as well as a very helpful How To? A section that addresses all possible legal issues regarding starting and running a business in South Africa. For more information visit www.cipc.co.za.
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Typically, a brand name can be made up of different languages and characters. However, names must not infringe existing names or trademarks, be offensive or incite violence. For each type of business (public, private, or government), the name ends with a separate phrase (for example, the name of a private company ends with “(Pty) Ltd”).
The Consumer Protection Act 2008 will make it mandatory in the future (date to be determined by the Minister) to register your trade or business name if it differs from your own or trade name. For example, if I was trading as a sole trader, but because I didn’t register that person, I would have to use Karen Kelly as “Karen Kelly” again.
. (If you are not sure about your type of business, you can find information on the CPIC website or contact a third party. Please note that each type of business has its own requirements, obligations and tax regime. After (Research and advice. With people who knowing more than me, I decided to go the route of individual ownership and pay taxes as needed).
Please note that trademark registration, domain name and trademark are completely separate from each other. So make sure you protect yourself by doing at least steps 1 and 2 above.
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Trademark is a trademark reserved for your use, for “trade as” or for future use for a period of 2 years. If you wish to continue using it, you must renew the name every 2 years. For example, if I run my own business and have not done this protection / business name / business registration, anyone can register as a business and I either have to sue or I have to change the business name and change my job. , domain, reprint. Business cards change the name of Facebook, Twitter and Instagram accounts, etc. (in other words, an ADMINISTRATOR’s nightmare).
You can register your company name directly through the CIPC website. They have a great step by step video tutorial which you can watch below. I used www.businessnamesregistry.co.za to complete this process on my behalf. They will help you register a business, commercial, or defense name for a one-time fee.
You must apply to renew your protected trademark at least two months prior to expiration through the CPIC website or through www.renewname.co.za. Please note that if the name has expired and is not renewed, you must apply to register the business again from the beginning. The process also comes with costs and the risk that the name may no longer be available.
When I started about 9 years ago, I started researching the trademark for the name “”. Of course, there are many different brands. Some are just for the name (like spelling), others are for product or event design, like the font you use for your logo. Appearance of the Coca-Cola name and logo. I again used a third party service provider to register a trademark for me because I didn’t know where to start and got a trademark registration for 10 years. My trademark is only legal in South Africa, if you want the name to be registered internationally there will be a lot more administrative (and additional cost).
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The CIPC only contains information about trademarks, which will be helpful if you are thinking about registering a trademark in any way.
What if you have a registered trademark and someone starts trading/using the same name?
If you encounter this scenario, there are different ways to manage this scenario. In my opinion, the best way to always start is with a friendly conversation. In most cases, a person using the same trademark or trademark as you is not aware that you have actually registered that name or trademark. They may not even realize that you have to do this in order to start using the name. If you write a nice email or contact them via private social media messages, they may want to change their name or change it to something different from you without having to do anything else. If you start a conversation in a threatening tone or start posting on social media, you are likely to start a war that could have been avoided. This, in turn, can damage your brand image – the key is to treat others the way you would like to be treated if you were the host.
However, if you’ve tried the friendly approach without success, it’s best to get legal help, especially if you’ve invested in a brand. Johann Schalkwik, a business lawyer, points out that if someone infringes on your business name, you can go to court and, depending on the facts, sue in Companies Court. However, it is recommended that you take at least some preventative measures (such as the steps listed above) to protect your business and brand, such as registering your company’s intellectual property.
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I hope these basic tips will help you in some way. If you have any questions, you can direct them to CPIC, who is sure to be able to give you good advice.
Read on for what might be helpful (and I have more information on this) – How to start your own blog or website.
Karen Kelly, founder and editor. At heart, she is a creative person and loves everything that is done with her own hands. Find out more about him here and connect with him on social media using the links below. Update: This article was originally published in May 2014. Updated with new information on September 20, 2021 due to its popularity.
Whether you are profitable or the size of your company, registering your business in South Africa has its benefits. These include brand protection, tax incentives, financial assistance, and business compliance.
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The Companies and Intellectual Property Registry Office (CIPRO) was replaced by the Companies and Intellectual Property Commission (CIPC) in May 2011, along with the new Companies Act, this changed the way business owners had to register their companies. The law provides that no new closed companies (LCs) can be registered, but companies registered before May 1st may continue to operate as LCs.
All companies are divided into certain categories, each of which has certain requirements for the necessary documents. The Companies Act provides for two main categories of companies – non-profit companies and for-profit companies, under which other types fall.
1. Non-profit companies: a company established for the public benefit or other purposes related to one or more cultural or social events or collective or group interests.
2. Commercial corporations: business/organization whose main purpose is to make money, from retail stores to restaurants, insurance companies and real estate companies.
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3. Companies with personal liability: the directors of the company and former directors are jointly and severally liable for any debts and obligations incurred during the period of their management. The company name ends with “Incorporated”.
4. Public companies: A public company is a company that issues securities through an initial public offering (IPO) and is listed on at least one stock exchange. It has over 50 shareholders and its shares are offered to the public.
5. Private companies. These companies are similar to those previously known as closed companies. Some of the changes made to private companies include less disclosure and transparency requirements, no longer limited to 50 shareholders, and a board of directors that must have at least one director. The name of a private company must end with “Proprietary Limited” or “Pty) Ltd”.
According to PTY’s online registration, it takes seven to 21 days to reserve a name. Depending on whether you submitted your documents and scope of work on time, the certificate of incorporation can be filed within three to five days after that.
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