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South Africa Trademark Registration 

A trademark attorney will process your trademark registration in South Africa through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • 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.

     

  • 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.

  • Do I need to sign a Power of Attorney?

    A power of attorney is required to complete the registration of trademark.

  • 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
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • 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
  • What are the phases of application after a trademark has been filed in South Africa?

    The order of the application process is as follows:

    1. Examination of the application in respect to:
      1. formalities
      2. distinctiveness
      3. deceptiveness
      4. conflict with an earlier registration
    2. Publication of the application particulars:
      1. mark
      2. goods/services
      3. name of applicant
      4. state or country of incorporation of applicant
      5. address of applicant
      6. application number
      7. citizenship of applicant
      8. priority claim information
      9. application date
      10. representation of trademark
    3.  Registration
  • 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
  • Does South Africa use the "Nice Classification" system?

    South Africa uses the Nice Classification System.

  • 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.

  • 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
  • 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.

  • 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.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • 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.


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