The current trademark regulations in South Africa are mainly based on the Trademark Act promulgated on December 22, 1993. The South African company and the Intellectual Property Commission are jointly responsible for managing trademark affairs, with official languages including Afrikaans, English, Zulu, and Xhosa. Trademark exclusive rights need to be obtained through use. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The South African trademark registration adopts the principle of "use first".
South Africa is a signatory to international intellectual property treaties such as the Trademark Law Treaty, the Nice Agreement, and the Paris Convention, and is not a member of the Madrid Protocol or the Madrid Agreement. Therefore, trademark registration can only be processed through "single country registration".
At present, South African trademark applications use the Nice Classification 11th edition for describing goods and services, and do not accept applications with multiple categories in one form. The elements that can be registered as trademarks in South Africa include: text, name, graphics, three-dimensional identification, color combination, slogan, hologram, scent, etc.
If the applicant does not reside in South Africa, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, priority proof documents and corresponding English translations must be provided.
The main process for applying for registration of a South African trademark is: application, acceptance, examination, announcement, approval, and issuance of a certificate. The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in South Africa takes 2-3 years; If the process is not smooth and there are rejections or objections encountered midway, the time will be extended to 3-4 years.
The South African trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.