Trademark

Filing Requirements

South Africa Trademark Registration

1. Multiple class
Multiple class applications are not possible in South Africa.

2. Minimum of filing documents in South Africa
– name, address of the applicant;
– trade mark representation;
– class and specification of goods or services.

3. Requirements to the Power of Attorney
The original of a Power of Attorney may be provided at any time before examination of the trademark application, legalization is not required.

4. Priority document
A certified copy of the priority document must be provided within 3 months from filing the trademark application. If the priority document is not in English a certified translation thereof is required.

5. Validity term
The trademark in South Africa is valid for 10 years from the date of filing the application.

6. Opposition period
The opposition period against a trademark application in South Africa is 3 months from the publication of the application. This term is extendable for 3 months. Thereafter further extensions must be obtained with the consent of the trade mark applicant whose application is being opposed.

7. Renewal
The POA is not required for renewal of a trademark in South Africa if the address for service stays the same. The trademark may be renewed six months before the due renewal date and six months after the due renewal date, incurring minor penalties.

8. Use requirement
The trademark in South Africa is subject to cancellation in case it has not been used within 5 years from its registration.

9. Whether the trademark attorney is required
For the foreigners it is required to perform the trademark prosecution in South Africa through an agent, a registered South African trademark attorney.

10. What can be registered as a trademark in South Africa
In order to be registrable, a trade mark in South Africa must be capable of distinguishing goods or services of a person in respect of which it is registered or proposed to be registered from goods or services of another person either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within those limitations.

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