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Trademark application in South Africa

Understanding trademark protection in South Africa

In South Africa a trademark can take the form of a brand name, slogan, logo or a combination of these elements. According to the Companies and Intellectual Property Commission (CIPC), a trade mark identifies the goods or services of one trader and distinguishes them from those of another. Once a mark is registered in terms of the Trade Marks Act 1993, the owner obtains exclusive rights to use that mark and may prevent others from using an identical or confusingly similar mark. Unregistered marks may still be protected under the common law through passing‑off, but registration confers statutory rights and a registration certificate with legal status. The Act allows indefinite protection: a registered mark can be renewed every ten years and remains valid for as long as renewal fees are paid.

Registrable subject matter and classification

CIPC explains that a sign will be registrable if it functions to distinguish goods or services and does not merely describe their kind, quality, quantity, purpose or value. Examples of unregistrable marks include descriptive words (e.g., “Cheese” for cheese) or generic industry terms. Applicants should therefore create a distinctive word, logo or invented term that is not customary in trade. South Africa follows the International (Nice) Classification of Goods and Services, dividing goods into classes 1‑34 and services into classes 35‑45. When applying, the applicant must identify the appropriate class(es) for their goods or services and ensure each application covers only one class.

Trademark application costs in South Africa

South Africa operates a single‑class filing system. CIPC’s fee schedule shows that filing an application for a trademark in one class costs R 590. The official form TM1 covers a specification of goods or services in one class; multi‑class applications are not permitted. The fee for renewing a registered mark (TM5) is R 260 per class. Additional official fees include R34 for obtaining a certificate or certified extract from the register and small amounts (R19–R100) for requests such as amending applicant details or recording a change of name. Applicants must also deposit funds into their CIPC customer account before filing: the trade‑mark application deposit is R590 for each class. These official fees are payable irrespective of whether the application is filed directly with CIPC or via a service provider.

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How to file a trademark application online in South Africa

South Africa’s trade‑mark office accepts both manual and electronic filings. The CIPC IP Online platform allows applicants to register as a customer, deposit funds and lodge trade‑mark applications online. The steps generally involve:

Customer registration and funding – Register a customer code on the CIPC e‑services portal and deposit the official fee (R590 per class) into your account.
Search for conflicting marks – Perform a free e‑search on the CIPC trade‑mark register to check availability. Although not mandatory, a search helps identify potential obstacles.
Prepare the application – Provide the applicant’s name, nationality, address, a South African address for service and a clear representation of the mark. CIPC emphasises that the address for service must always be within the Republic of South Africa. Foreign applicants therefore need to appoint a local agent or attorney to receive correspondence.
Class selection – Determine the relevant class of goods or services and note that only one class per application is permitted. CIPC warns that goods or services from different classes may not be included in one application; if they are, the application will be returned and separate applications will be required.
File the application – Submit Form TM1 electronically or by post. The application is dated and allocated an official number when CIPC receives the fee and the form meets formal requirements.
Provide a power of attorney and priority documents – If the applicant is not filing personally, a power of attorney authorising the local agent must be lodged. Priority documents (if claiming Convention priority) must be filed within three months of the filing date.

Advantages of trademark registration with Pocket IP

24/7 Availability: The Pocket IP trademark application system is accessible at any time, allowing users to file the trademarks and check the current statuses without being limited by office hours.

Free access to docketing service: Pocket IP offers not just an application system, but a docketing service to keep all the trademark data and documents in one place.

Cost-effectiveness: Using Pocket IP to reduce costs is a more cost-effective option to file applications.

Real-Time Status Updates: Applicants can track the status of their trademark applications in real time, receiving updates and any required activities or correspondence from the trademark office.

Trademark registration process in South Africa

Filing the application

New trademark application

The application must contain the applicant’s details, a clear representation of the mark and a complete list of goods or services in one class. It must also state an address for service within South Africa. Once the TM1 form and fee are received and the formalities are correct, CIPC allocates a filing date and number. Separate applications are required for each class, so if you manufacture and sell cars you would lodge separate applications in Class 12 (manufacture of motor vehicles) and Class 35 (retail services).

Formal examination

Check of formal requirements

After filing, CIPC conducts a formalities check to ensure the application satisfies the statutory requirements. The filing is allocated to an examiner. The first official action – usually an acceptance, conditional acceptance or refusal – is currently issued around ten months from the filing date. If the examiner raises objections (for example, due to descriptive elements or prior conflicting marks), the applicant or their attorney must respond within the time limit.

Acceptance and publication

3 months opposition period

Once the mark is accepted, CIPC issues a Notice of Acceptance and the application is published in the Patent Journal for opposition. Under section 21 of the Trade Marks Act, any interested person may oppose the application within three months of the publication date. CIPC’s examination guidelines note that the statutory opposition period of 3 months starts upon publication.

Opposition procedure

3 months opposition period

If an opposition is filed, the matter proceeds to adversarial proceedings before the Registrar or the High Court. The applicant and opponent must exchange pleadings and evidence. If no opposition is lodged within the three‑month period (or any extension granted by the Registrar), the application proceeds to registration.

Registration

Issuing of registration certificate

When the opposition period expires and there are no outstanding objections, CIPC issues a certificate of registration. The service standards published by CIPC indicate that registration certificates are normally issued about 66 working days (roughly three months) after the expiry of the opposition period. The registration takes effect from the filing date and confers exclusive rights for 10 years. The certificate is issued electronically via automated email, and copies can be accessed and printed through the IP Online portal at no additional cost. No paper certificate is automatically provided; however, printed extracts can be ordered for a fee (R34).

Renewal and maintenance

A South African registration is valid for 10 years from the filing date and can be renewed indefinitely every 10 years upon payment of the renewal fee (currently R260 per class). A renewal application should be filed on form TM5 before the expiry date; however, late renewals may be accepted within six months of the due date subject to a surcharge. Failure to renew will result in the mark being removed from the register, although a restoration procedure may be available within a limited period.

Use requirements and vulnerability to cancellation

There is no requirement to prove use when filing or renewing a trademark. Nevertheless, a registered trademark becomes vulnerable to cancellation if it is not used for an uninterrupted period of five years after the registration date. Section 27 of the Trade Marks Act provides that any interested person may apply to remove a mark from the register on the ground of non‑use for a continuous period of five years. Therefore, although use is not required for registration, owners should actively use the mark in South Africa to avoid cancellation.

Possibility to expedite registration

Unlike jurisdictions such as Georgia that offer accelerated examination on payment of an additional fee, South Africa does not provide a fast‑track or expedited examination procedure. The CIPC’s service standards allow an examiner 10 months to issue the first official action. Applicants can, however, reduce delays by ensuring that all formal requirements are met, responding promptly to office actions and conducting preliminary searches to avoid conflicts. Retaining a local attorney also helps to navigate the examination process effectively.

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FAQ

Are multiple‑class applications available in South Africa?

No. South Africa follows a single‑class filing system. CIPC expressly requires applicants to file a separate application for each international class of goods or services. If goods or services from different classes are included in one form, the application will be rejected and returned.

Can I renew only some goods or classes in South Africa?

South Africa does not permit multi‑class trademark applications. Each class is a separate registration with its own renewal date. There is therefore no concept of partial renewal of a single registration. To abandon protection for certain classes, simply allow the relevant registration(s) to lapse and renew the remaining ones.

Do I need to hire a local trademark attorney in South Africa?

Foreign applicants must provide an address for service in South Africa to receive correspondence. While an individual can file a trade‑mark application themselves, a local attorney is typically appointed to comply with this requirement and to respond to examination reports.

Do I need to prove use of my mark in South Africa?

There is no requirement to demonstrate use when filing or renewing a trademark. However, under section 27 of the Trade Marks Act a registration becomes vulnerable to cancellation if the mark is not used for five consecutive years after registration. To maintain your rights, you should use the mark in South Africa and keep evidence of use.

Does South Africa issues paper certificates in South Africa?

From May 2022, CIPC issues trade‑mark certificates electronically via automated email. Applicants can download and print the certificate from the IP Online portal at no extra cost. Certified copies or extracts may still be ordered for a fee (R34).

Does non‑use cancel the registration automatically in South Africa?

No. Non‑use does not cause automatic cancellation. Instead, it allows third parties to apply for cancellation for non‑use if the mark has not been used for five consecutive years. The owner can defend such actions by proving bona fide use or proper reasons for non‑use. Renewal fees must still be paid even when the mark is not used.

How do I register a trademark in South Africa?

The process involves: registering a CIPC customer code, depositing funds, completing Form TM1 for each class, specifying a South African address for service, and lodging the application with CIPC. CIPC will issue a first official action approximately 10 months after filing. Accepted applications are published in the Patent Journal and may be opposed within 3 months. If there is no opposition, a registration certificate is issued roughly 66 working days after the opposition period.

How long does a South African trademark last?

Registered trademarks in South Africa have a ten‑year term calculated from the filing date. The registration can be renewed indefinitely for further ten‑year periods by paying the renewal fee.

What are the official fees for trademark registration in South Africa?

The official fee for filing an application in one class is R 590. Renewal of a registered mark costs R 260 per class. Additional fees include R 34 for obtaining a certificate or certified extract from the register. Applicants must pay these fees upon filing;

What can be protected as a trademark in South Africa?

Any sign capable of distinguishing your goods or services from those of others may be protected. CIPC notes that a trade mark may be a brand name, a slogan or a logo. It cannot consist exclusively of generic or descriptive terms (e.g., “Cheese” for cheese) and must not be deceptive, offensive or contrary to law. Invented words, unique logos or combinations of words and symbols are generally registrable.

What happens if someone opposes my application in South Africa?

If a third party files a notice of opposition within the three‑month statutory period, the application enters opposition proceedings. Both parties must exchange pleadings and evidence. The Registrar or the High Court will decide whether the mark is registrable. Many oppositions are resolved through negotiated settlements, such as amendments to the specification or coexistence agreements.

Which classification is used by South Africa?

South Africa applies the International (Nice) Classification of Goods and Services, which divides goods into classes 1‑34 and services into classes 35‑45. Applicants must identify the correct class and file separate applications for each class of interest.

When should I renew my South African trademark?

CIPC allows renewals to be filed six months before the expiration date up to six months after the expiry. To avoid penalties, renew before the expiration date. Filing after the expiry incurs a R 48 penalty, and the renewal must be lodged within six months of expiry.

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