Swaziland Trademark Registration

The registration of your trademark in Swaziland will be processed through ARIPO Treaty, which includes protection in the following countries: Botswana, Cape Verde, Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Swaziland, Tanzania, Uganda and Zimbabwe.

Attorneys - ARIPO

Welcome:

My name is Terence Hussein and I'm the representative Attorney in ARIPO.

I'll be personally in charge of your trademark registration process.

Your trademark registration will be processed in Swaziland through the following steps:

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

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

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

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Frequently Asked Questions

Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
If I register my trademark in Swaziland, do I have protection in other territories?

The territorial limit of registration is national.
Do I need to sign a Power of Attorney?

A power of attorney is necessary.
Are there any benefits from a pre-filing use of the trademark?
Pre-filing benefits include the following:
- it may demonstrate the mark’s acquired distinctiveness
- it may help overcome oppositions on the grounds of non-distinctiveness
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 Swaziland?
- names
- words
- colours
- slogans
- devices
- service marks
- trade dress/get-up
- well-known marks in Swaziland
- certain three-dimensional shapes
- "any visible sign used or proposed to be used upon, in connection with or in relation to goods or services for the purpose of distinguishing in the course"
What are the phases of application after a trademark has been filed in Swaziland?
The order of the application process is as follows:
1. Examination of the application based on:
  1. formalities
  2. classification
  3. descriptiveness
  4. distinctiveness
  5. conflict with prior registration
2. Publication of the application particulars:
  1. name of applicant
  2. address of applicant
  3. state or country of incorporation of applicant
  4. application number
  5. application date
  6. goods/services
  7. priority claim information
  8. representation of trademark
3. Registration
What type of trademark is not registrable?
- generic terms
- surnames
- non-distinctive marks
- geographic location names
- marks that contradict moral standards or public order
- flags, names, or symbols of nations, states, regions, or of international organizations
- imitations or translations of a notorious business or company name in Swaziland
- marks that consist solely of a colour, shape or configuration of the goods
Does Swaziland use the "Nice Classification" system?

The Nice Classification System is effective in Swaziland.
Does the Community Trademark apply for Swaziland?

Swaziland does not follow the European Union Trade Mark registration.
Is there any possibility to claim priority in Swaziland?
It is possible to claim priority application if:
- the applicant's home country is a member of the Paris Convention
- the home application was filed six months earlier than the application date in this jurisdiction
- an international registration can be designated in Swaziland
What do I need to do to satisfy the use requirement?

The registrant must ensure that the mark is used within 3 years from the date of registration grant.

The amount of use can be minimal as long as it is continuous and it is used for commercial purposes.

Use of the trademark must occur in Swaziland. Using the mark for exportation of goods is also accepted.
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 filing 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?

It is legally acceptable to use an unregistered mark for any goods or services.

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Swaziland Trademark Registration