South Africa

In South Africa the legal basis is the Trade Marks Act No. 194 of 1993, in force since May 1st, 1995, and the Intellectual Property Laws Amendment Act No. 38 of 1997, in force since January 1st, 1998. . Trade mark protection is obtained by registration. It can also be acquired by sufficient public recognition in terms of common law.South Africa is not a member of the Madrid Agreement or the Madrid Protocol. 

Trademark registration classification:

Nice Classification

Requirements:

  • Information about the applicant- applicant’s name, address, entity type, citizenship of the person or the jurisdiction which governs the organization of the specific entity.
  • Name of the trade mark and one copy of the mark (unless mark is word only).
  • class(es) and specification of goods and/or services .
  • Power of attorney simply signed.
  • Certified copy of the priority document if claimed, with English translation.

Procedure:

  • A trademark application has to be filed before the “Companies & Intellectual Property Registration Office” (CIPRO) by a local agent. 
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
  • Prior to registration, the trademark application is published in the monthly Patent Journal.
  • The opposition period is 3 months from publication of acceptance of the trade mark application, extendable for further periods of 3 months each.
  • If the registration of the trade mark is not opposed within 3 months from the date of advertisement, the trade mark should proceed to registration.
  • It takes approximately 2-3 years from first filing to registration.

Duration and Renewal: A trademark registration in South Africa is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

 

 Fee Structure
          
 More info...
 



1