Classification

The International Classification of Goods and Services under the Nice Agreement (9th edition) currently applies, although South Africa has not acceded to the Nice Agreement.  A separate application is required for each class

Convention priority

South Africa is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the South African application is filed within six months of such earlier filing date.

Examination/procedure

An application is first examined as to formal requirements. Thereafter the application is examined to determine inherent registrability and/or conflict with prior applications and/or registrations. The grounds for refusal of registration correspond broadly with the grounds of opposition (see the section on Grounds of opposition below).

If the application is found to be acceptable, the acceptance must be advertised in the Patent Journal.

Opposition

Any interested person may, within three months following the advertisement of the trade mark application in the Patent Journal, lodge an opposition to the registration of the trade mark.

Extension of the opposition period is available for an initial period of three months by way of a request to the Registrar. Further extensions can only be obtained with the consent of the applicant, or on the basis of good cause shown on application to the Registrar.

Duration and renewal

A trade mark registration is effective for an initial period of 10 years and, thereafter, is renewable for similar periods in perpetuity. Provision is made in the Regulations for late payment of the renewal fee (upon payment of a fine) and for the restoration of a lapsed trade mark in cases where the Registrar is satisfied that it is just to do so.

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