--- title: "SMME Support" description: "In addition to SMME Support, we can assist you with: Brand-building, IP ownership and assignment, Supply and distribution arrangements and much more." image: https://spoor.com/wp-content/uploads/2020/07/SMME-Support-2.jpg canonical: https://spoor.com/service/start-up-support/ url: https://spoor.getmd.ai/service/start-up-support/.md last_converted: 2026-04-26T13:58:56.720Z --- [Home](https://spoor.com)› SMME Support # SMME Support ### Safeguard your brand, logo, slogan and other IP from the start. Is yours a new business or a small to medium-sized entity? Regardless of your company’s product or service, the essential characteristics at the heart of your business can be protected, to create and defend a competitive edge. Intellectual property (IP) is relevant to almost every aspect of a business, whatever its size. This is why we recommend that you take steps to protect, manage and enforce your IP – whether it’s a trade name, trade mark, slogan, logo, domain name, valuable confidential business information, creative original design, computer program, artistic or literary work, or invention. Now we understand that a small business may not always be in a position to acquire registered IP rights, like patents or registered trade marks. But you could benefit from managing unregistered IP rights – like copyright, rights in confidential information (through confidentiality and non-use agreements with recipients), and common law trade mark rights. Even where you don’t have any registered rights, you may still be entitled to prevent others from riding on the back of your reputation, copying your materials, or otherwise competing unlawfully with you. In the early stages of establishing your start-up, it is important to ensure that all IP created for you by others is owned by your business. So when instructing another person to design your logo, write your software or perform some other task from which IP is expected to result, we recommend that you take assignment of this IP. In addition to SMME Support, at Spoor & Fisher, we can assist you with: - Brand-building - IP ownership and assignment - Supply and distribution arrangements - Confidentiality, privacy and access to personal information - Licensing, including franchising - Exchange control compliance [Contact an attorney](mailto:info@spoor.com) ## FAQ's ## Is it mandatory to register my new business in South Africa? Not always. If yours is a small business in the form of a small, micro- or medium-sized enterprise (SMME) or a start-up, you do not have to register it.It can operate without registration as either a sole ownership or a partnership, although in both cases you must register with tax authorities and file tax returns. In South Africa, a private companies a legal entity that is separate and distinguishable from the shareholders who own it. Public companies are listed on the Johannesburg Securities Exchange. They must have at least three directors, be audited, and produce audited financial statements, which are tabled annually with their shareholders. Both types of company, private and public, are registered with the Companies and Intellectual Property Commission (CIPC). It’s important to be aware that, even if you do register a company, this does not mean that your IP rights are secure. To do this, you may need to apply for a trade mark. ## What is a trade mark? A trade mark serves as a badge of origin. It generally consists of a logo, name, signature, word, letter, slogan, numeral, shape, configuration, pattern, ornamentation, colour, container for goods or any combination of these that identifies the brand owner of a product or service. Trade marks serve to build brand awareness and business goodwill. They can create consumer confidence in a product, via its association with a brand the consumer recognises and trusts. Trade marks can take just about any form, provided that they are distinctive and capable of being represented graphically. The stronger or more distinctive the trade mark, the easier it is to register and protect. By registering your trade mark, you can prevent others from counterfeiting your goods and benefiting unlawfully from your brand equity. ## What do the symbols TM, ® and © mean? The TM symbol is used to let others know that you claim the exclusive use of the trade mark. Generally, this symbol is used for a trade mark that has not yet been registered, in cases where you want to indicate that it is in use. Many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The ® symbol is used to indicate that a trade mark (words, phrases or logos to represent products and/or services) is registered and has been legally protected. This symbol can only be used by the owner or licensee in combination with a registered trade mark, in the regions in which you possess a valid trademark registration. It is an offence to use the ® if you do not own a registered trade mark. The © symbol is used to indicate the subsistence of copyright and is used as a disclaimer to third parties. However,  copyright subsists automatically in material works resulting from the skill and labour of the author – a copyright notice acts merely to draw this to the attention of others. ## Is it compulsory to register a trade mark? No, but trade mark registration has several advantages. These include notifying the public of a claim of ownership of the trade mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with your products or services. Trade marks can also serve as an asset when making a proposal to a potential sponsor or investor. Registration will make it easier for you to take action against unauthorised use of your trade mark by others. You can also act against counterfeiters. ## Does a trade mark registration in one country provide protection in other countries? No – trade marks are territorial. However, under the provisions of various treaties, a trade mark in one country may be used as the basis for filing applications to register a trade mark in other countries. If you are interested in obtaining trade mark registrations outside of South Africa, please contact us for more information. [More FAQ's](https://spoor.com/faq/faqs-list?section=protect&selected=SMME Support) ## Meet the team [➔](https://spoor.com/our-people/dina-biagio/) ![Spoor and Fisher Team - Dina Biagio](https://spoor.com/wp-content/uploads/2021/02/Dina-Biagio-2026-headshot.jpg) #### Dina Biagio Partner, Spoor & Fisher South Africa [➔](https://spoor.com/our-people/shamin-raghunandan/) ![Spoor and Fisher Team - Shamin Raghunandan](https://spoor.com/wp-content/uploads/2021/02/Shamin-Raghunandan-2025.jpg) #### Shamin Raghunandan Partner, Spoor & Fisher South Africa [➔](https://spoor.com/our-people/linda-thilivhali/) ![Spoor and Fisher Team - Linda Thilivhali](https://spoor.com/wp-content/uploads/2021/02/Linda-Thilivhali-2025-scaled-e1753882210920.jpg) #### Linda Thilivhali Partner, Spoor & Fisher South Africa [➔](https://spoor.com/our-people/reinard-kruger/) ![Spoor and Fisher Team - Reinard Krüger](https://spoor.com/wp-content/uploads/2021/02/Reinard-Kruuger-Partner-683x1024-1-e1755176359339.jpg) #### Reinard Krüger Partner, Spoor & Fisher South Africa [➔](https://spoor.com/our-people/vanessa-van-coppenhagen/) ![Spoor and Fisher Team - Vanessa van Coppenhagen](https://spoor.com/wp-content/uploads/2023/03/Vanessa-van-Coppenhagen-2.jpg) #### Vanessa van Coppenhagen Partner, Spoor & Fisher South Africa ## Latest News and Insights 20 Apr 2026 [##### Athlete Image Rights: Your Image May Be Worth More Than Your Playing Contract](https://spoor.com/athlete-image-rights/) [Read more](https://spoor.com/athlete-image-rights/) 9 Apr 2026 [##### AI Clones and Digital Identity: A New IP Risk for Influencers and Brands](https://spoor.com/ai-clones/) [Read more](https://spoor.com/ai-clones/) 7 Apr 2026 [##### TABASCO® Meets Vodka: A Spicy Trade Dress Dispute](https://spoor.com/tabasco-trade-dress-dispute/) [Read more](https://spoor.com/tabasco-trade-dress-dispute/) 27 Mar 2026 [##### Feeling the Music: The case that put AI music recommendations to the patent test](https://spoor.com/ai-music-and-patents/) [Read more](https://spoor.com/ai-music-and-patents/) [Read All](https://spoor.com/knowledge-centre/latest-news-and-insights/)