Trademarks: South Africa
General Information
International Agreements : Paris Convention
Classification : Nice Classification (8th Edition); single-Class filings.
What is Registrable : Trademarks, Service Marks, Collective Marks & Certification Marks.
What is Not Registrable : Series Marks & Defensive Marks.
Examination : Yes
Publication : Yes
Opposition : Yes – within 3 months as of publication date
Time Frame for Registration : 34-36 Months
Registration Term : 10 Years – as of filing date
Renewal Term : 10 Years
Grace Period for Renewals : Within one month as of the advertisement of non-renewal notice, with payment of fine.
Cancellation : Yes - application may be filed after five years of non-use.
Filing Requirements
Trademark/Service Mark Requirements
- Power of Attorney simply signed.
- Details of the Applicant.
- 10 prints of the mark & list of goods.
- Certified copy of priority document (if claimed) with verified English translation.
- For Certification marks - statement that Applicant does not carry on a trade in the goods or services and copy of rules governing use.
- For Collective marks - set of rules governing use of mark.
Renewal of Trademark/Service Mark Requirements
- Power of Attorney simply signed.
- Details of the Mark.
Assignment Recordal Requirements
- Power of Attorney by Assignee simply signed.
- Deed of Assignment or other instrument of title with verified English translation.
License Recordal Requirements
- Powers of Attorney from proprietor and user simply signed.
- License Agreement, with verified English translation and/or Affidavit and Statement of Case, with verified English translation.
Change of Name/Address Requirements
- Power of Attorney simply signed.
- Certificate of Change of Name and/or Address, with verified English translation.