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South Africa Trademark Registration

In South Africa the legal basis is the Trade Marks Act No. 194 of 1993. Trade mark protection is obtained by registration. It can also be acquired by sufficient public recognition in terms of common law.

Requirements
A trademark application has to be filed before the "Companies & Intellectual Property Registration Office" (CIPRO) by a local agent. A non-legalized power of attorney is sufficient. Foreign applicants do not need a domestic registration.

Procedure
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 2-3 years from first filing to registration. Before registration the trademark application is published in the monthly Patent Journal. The opposition period is 3 months from publication of acceptance of the trade mark application, extendable for further periods of 3 months each.

Duration
A trademark registration in South Africa is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra
Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

Area Practice:

INTELLECTUAL PROPERTY

Trademarks ™
Patents
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