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South AfricaBelow is information that will help you protect your trademark rights.
We hope that this page will be of assistance to you in protecting your intellectual property overseas. Please help us.
<Average review period> *As of April 2016
Application to registration (if no refusal notice is issued): Approximately 18 to 24 months
Trademark Rights in South Africa
(1) Type of trademark
- Product trademark
- Service mark (service trademark)
- collective trademark
- certification trademark
- combined trademark
(2) Targets of protection for trademarks that can be applied for
- "Mark" means any sign capable of being represented graphically and includes any device, name, signature, word, letter, number, shape, configuration, pattern, ornamentation, colour, container of goods, or any combination thereof.
- Non-traditional marks such as color marks, holograms, scent marks, taste marks and tactile marks can also be registered.
(3) Application
- Application language: English or other official language
- One application, one category system
- Adopts the Nice Classification. Applications can be made using class headings.
- Power of attorney required (notarization and consular authentication not required)
(4) Examination
- Examination is conducted on absolute and relative grounds for refusal.
- If registration is not permitted, a notice of refusal and/or order will be served.
(The directive includes instructions on trademark association, non-claim of rights, etc.) - If the reasons for refusal remain unresolved after a response to the notice of refusal, a decision of refusal will be issued.
- There is no priority examination system or accelerated examination system.
(5) Public Notice
- After approval of registration, the applicant may request publication and a publication bulletin will be published.
- The period for filing an opposition is three months from the date of publication.
- A certificate of registration will be issued within 9 to 12 months after the expiration of the opposition period.
(6) Maintenance of rights
- A trademark registration is valid for ten years from the filing date and is renewable every ten years thereafter.
- No evidence of use is required when filing a renewal application.
(7) Cancellation procedure
- If it is not used for 5 years, cancellation is possible.
(8) Treaties
The status of membership in the main treaties is as follows.
| treaty of paris | WTO agreement | trademark law treaty | madpro | nice agreement |
| Join | Join | Join | Not a member | Not a member |