Global Trademark GO - South Africa——Introduction to South African Trademark Application

The South African trademark system is deeply influenced by the United Kingdom for historical reasons. The current trademark law adopted in South Africa is the South African Trademark Act, which came into effect on May 1, 1995 and has been revised three times. So far, South Africa has not joined the Madrid System, so South African trademark applications can only go through the Paris Convention.

South Africa has no clear legal provisions on the types of trademarks that cannot be registered, but trademarks registered in bad faith, because they are deceptive, or because they are used in a manner that causes confusion, will be rejected on absolute grounds. Graphics, names, signatures, words, letters, numbers, shapes, structures, patterns, decorations, colors, packaging or combinations of the above elements can be registered as: word trademarks, graphic trademarks, three-dimensional trademarks, color combination trademarks, sound trademarks , holograms and location trademarks, etc. South Africa currently only accepts trademark applications for one mark and one class.

1. Trademark authority

• South African Intellectual Property Office, English: Companies and Intellectual Property Commission, CIPC
• Website: CIPC | Your business, our focus
• Trademark Search: Log in - CIPC Intellectual Property Online

2. How to apply for trademark registration

• electronic submission

3. Trademark registration application language

• English

4. Documents required for trademark registration application

• Applicant information
• Trademark pattern
• Indications on international classifications and goods or services information
• power of attorney
• Priority document (non-English priority documents must provide the notarized English version of the priority document)

5. South African trademark registration application process

• The South African trademark authority conducts a substantive review of the submitted trademark registration application, including examining whether there are prior conflicting rights and whether the trademark falls within the scope of prohibited registration. The conclusion of the review is either preliminary acceptance of the trademark registration or preliminary rejection. If a trademark application is initially rejected upon review, or the examiner believes that the trademark application can only be accepted under certain conditions, the examiner will give the applicant an opportunity to state his reasons.

6. Documents required for trademark change/transfer

• Transfer Agreement (When a South African trademark applies for rights registration, it is necessary to indicate the effective date of the transfer. If the transfer application is submitted 12 months after the effective date, the applicant may bear a penalty.)
• Power of attorney signed by the assignee
• Documents proving changes in name and address

7. Trademark cancellation

• The trademark registrant should use the trademark on designated goods within 5 years from the date of trademark registration. Otherwise, there is a risk of being deregistered by CIPC or revoked by a third party due to non-use.

8. Trademark objections

• Trademarks that pass the review will be published in patent magazines. The magazine is published on the last Wednesday of each month. The trademark announcement period is three months. Any party may object to the announced trademark during the announcement period. If requested, the deadline for objections can be extended by a further three months.

9. Authorization, validity period and trademark renewal

• Trademarks that are determined to be registrable after opposition, or trademarks that are announced as having no objections will be approved for registration and a registration certificate will be issued. Trademark registration is valid for 10 years from the date of application and can be renewed every 10 years. If the service address has not changed, a power of attorney is not required for trademark renewal. The trademark can be renewed 6 months before the expiration of the validity period. The renewal fee can be paid within 6 months after the expiration. Late payment will be subject to late fees.
• A trademark that has not been renewed can be registered again, but it will be regarded as a newly applied trademark and the original trademark will be deleted. If a trademark is not renewed within one year after expiration, the trademark will still be regarded as a valid trademark and will block identical or similar trademarks applied for during this period, unless the trademark registrar is satisfied that the trademark has not been used in good faith two years before the expiration date. use.

10. Average time for trademark authorization

• If the trademark registration goes smoothly, the average registration time is 6-12 months. Expedited review can be requested and registration time will be shortened.

11. Other matters needing attention

• Unlike most countries, opponents in South Africa must submit their objection applications together with evidence, and the evidence must be submitted in the form of a notarized affidavit. You can apply to the official for a 3-month extension to submit an opposition application, but if you want to apply for an extension of opposition again, you need to obtain the consent of the trademark applicant.
• If the trademark applicant does not agree to the extension, the opponent can submit a formal extension application to the official and provide evidence to explain the reasons for the extension. After the official receives the extension application, it will arrange a hearing date and decide at the hearing whether to approve the extension application, and Which party bears the costs of the hearing.