Filing Requirements

  1. A South African trademark application may claim priority from a foreign trademark application provided the South African application is filed within 6 months from the filing date of a corresponding trademark application in a convention country.
  2. The following are required to secure a valid filing date in respect of a trademark application:
  • Full name(s) and registered address(es) of each applicant
  • Priority application number(s), country and date(s)
  • Representation of the trademark
  • Class and specification of goods and/or services
  1. The following additional documents are required to complete the filing requirements of a trademark application:
  • Power of Attorney – signed by the applicant (no legalization of formal documents is required)
  • A certified copy of the priority document.  If the priority document is not in English, a certified English translation is required.
  1. South Africa has an examination system for trademarks – i.e. trademark applications undergo formal examination for the inherent registrability thereof, as well as for conflicting marks on the Trademarks Register.
  2. After a trademark application is accepted, it is advertised for 3 months for opposition purposes.
  3. A trademark has an initial duration of 10 years, after which it can be renewed indefinitely, subject to the payment of renewal fees every 10 years.
  4. South Africa is a member of the Paris Convention, but not of the Madrid Protocol.

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