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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 24 months, if no objections or oppositions arise.
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If I register my trademark in South Africa, do I have protection in other territories?
The territorial limit of registration is the Republic of South Africa.
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Do I need to sign a Power of Attorney?
A power of attorney is required to complete the registration of trademark.
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Are there any benefits from a pre-filing use of the trademark?
Pre-filing use is beneficial in such a way that it may:
- demonstrate the acquired distinctiveness of the mark
- help overcome an opposition to an application on the grounds of non-distinctiveness
- help the first user of such a mark to obtain ultimate rights to that mark even if the mark is registered by another party at a later date
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in South Africa?
- words
- devices
- names
- slogans
- some three-dimensional shapes
- sounds
- colours
- trade dress/get-up
- certification marks
- collective marks
- service marks
- well-known marks
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What are the phases of application after a trademark has been filed in South Africa?
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- distinctiveness
- deceptiveness
- conflict with an earlier registration
- Publication of the application particulars:
- mark
- goods/services
- name of applicant
- state or country of incorporation of applicant
- address of applicant
- application number
- citizenship of applicant
- priority claim information
- application date
- representation of trademark
- Registration
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What type of trademark is not registrable?
- marks that contradict moral standards and public order
- generic terms
- flags, names or symbols of states, regions, nations, or of international organizations
- non-distinctive marks
- marks that are primarily used as surnames
- marks that are used as geographic location names
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Does South Africa use the "Nice Classification" system?
South Africa uses the Nice Classification System.
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Does the Community Trademark apply for South Africa?
South Africa does not follow the Community Trade Mark registration which is currently known as the European Trademark registration.
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Is there any possibility to claim priority in South Africa?
Priority application is possible to claim if:
- the applicant's home country is a party to the Paris Convention
- the home application was filed six months earlier than the filing date in South Africa
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What do I need to do to satisfy the use requirement?
A trademark must be used within five years from the issuance date of the registration certificate.
The amount of use can be minimal and must occur in South Africa.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years which is calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
You may legally use an unregistered mark for any goods or services.