A defensive name may be registered for a period of two years and may be renewed for a further two years. The applicant must provide proof to the Commission that he/she has a direct and material interest in the protection of the name.
It must be noted and taken into cognisance that a Defensive name can be transferred to another person or company. It can also be used or utilized to serve as a company name prior to its two year expiry period.
Application for a defensive name registration must be lodged manually.
To register a defensive name, follow these steps:
- To view information on how to register as a customer, click here. If you are already registered as a customer and know your customer code and password, proceed and make payment.
- Deposit R250 into the CIPC bank account. For the bank account details, click here.
- Sign CoR10.1 form;
- Certified copies of the Identity Documents of the applicant
Include evidence of a direct and material interest in the name, e.g.
- Full particulars of the period of use of the name
- Particulars of sales and advertisements and labels used and
- A statement that as a result of the use of the name it has become well-known and that the general public will probably assume that all goods or services bearing the name, or all services rendered under that name, derive from the applicant.
Scan and email to firstname.lastname@example.org;
Transfer of a Defensive Name
Transfer of a defensive name must be accompanied by satisfactory evidence that the transferee has a direct material interest in the name.