South Africa Trademark Registration

Categories:

Author:

Source:

Release time:2016-07-03

1. South Africa Trademark Summary

1South Africa's trademark system was greatly influenced by the United Kingdom for historical reasons. Its trademark law and the whole system follow the British model. In1993Prior to the year, the main trademark laws adopted in South Africa were:1963Trademark Law and its Implementing Regulations,1971The Trademark Amendment Act1979The Trademark Amendment Act. The main feature of these legislations is the division of the registerA,BThe two-part system and the limitation of trademark rights while providing for the defense of trademark registration.1993year, South Africa introduced a new trademark law. The motivation for South Africa to implement the new trademark law is mainly to be in line with the United Kingdom, because the United Kingdom will implement a new trademark law; and South Africa's new trademark law is quite similar to the United Kingdom's new draft trademark law. Compared with the old law, the new law has made some fundamental changes to the trademark system in South Africa. First, it increases the registrability of trademarks and relaxes the criteria for review. Second, the register.A,BDepartment merger. Third, it broadens the scope of protection of trademark rights. Fourth, cancel the registration of defensive trademarks. 1997Intellectual Property Law Amendment No.38Further amendments were made to South Africa's trademark law. The former South African Territory of West Skye1981Year12Month12Japan declared independence and did not have its own trademark legal system and administrative authority. The current practice is that trademarks registered in South Africa before and after independence are valid in Ciske.
2Unlike the United Kingdom, the protection of trademark rights in South Africa places more emphasis on trademark registration as evidence of trademark ownership. Therefore, it follows the principle of registration priority.
3Trademarks that can be registered in South Africa are: commodity trademarks, service trademarks, collective trademarks, series trademarks, and certification trademarks.

4South Africa uses the International Classification of Goods and Services for Registered Use in South Africa. For the goods to be protected, a more detailed list of goods must be submitted. If the category of some commodities cannot be determined, the category designated by the examiner shall prevail. An application can declare multiple categories of goods, but the more categories the higher the charge.
5South Africa is a member of the Paris Convention for the Protection of Industrial Property and a member of the World Intellectual Property Organization.

National Abbreviation:ZA.

6The official language is English.

7Single category system

 

Documents required for 2. application

Name and address of the applicant;

Categories and commodities to be protected/Name of service;

Trademark drawings;

Power of Attorney Signed.

 

ThreeRegistration Procedure

Review-Announcement-Registration:

Receipt Time:2-4Week
Registration takes time:24-26Months

After the application is accepted, the formal examination and substantive examination (including the examination of relative reasons and absolute reasons) shall be carried out. If there is no reason for rejection, the application shall be announced. The announcement period is3Months. If there is no objection or the objection is not established, the trademark shall be registered.

 

5. Trademark Opposition Period:3Months     

   

6. official languages:English

 

7. Validity Period and Renewal

The exclusive right to use the trademark starts from the date of application and is valid.10years, each renewal of registration is valid10Year. Advance6Can be handled in months;1Months.