ARTICLE · 15 AUGUST 2025

Understanding Trade Mark Disclaimers: A Guide For Start-Ups

Barnard Inc.

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As a start-up owner, protecting your brand through trade marks is crucial. However, it's important to understand the role of disclaimers in trade mark applications.

South AfricaIntellectual Property

Aletia Oberholster

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As a start-up owner, protecting your brand through trade marks is crucial. However, it's important to understand the role of disclaimers in trade mark applications. Disclaimers are regarded as a condition raised by the Registrar of Trade Marks once the trade mark has been examined and passed the registrability test, i.e. whether the trade mark is distinguishable in terms of Sec 9 of the Trade Marks Act 1993.

In essence, disclaimer endorsements ensure that certain elements of your trade mark, which are common or descriptive, remain available for use by others. Here's what you need to know about disclaimers and how they impact your trade mark rights.

Key Points on Trade Mark Disclaimers

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