Protect your business by registering your brands officially with the local trademark office of South Africa. Once registered, you can enforce your legal rights over the trademark and prevent others from using it in South Africa.
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Search prices
First class $120 - Each additional class $100
Application prices
First class $650 - Each additional class $650
Final fee for registration
First class $400 - Each additional class $300
This payment will only be due in case of successful registration.
The average application process takes 21 months.
This is an estimated process time for straightforward cases based on current timeframes for applications. It may vary considerably.
A scanned copy of a signed power of attorney document.
The rights to a trademark in South Africa are granted to the person or company that first uses it in this territory. Although registration is not mandatory, in practice it is highly recommended in order to demonstrate clear ownership, prevent future conflicts regarding ownership of the trademark and in order to defend against cases of trademark infringement. The trademark applications must be filed with the Department of Trade and Industry Companies and Intellectual Property Commission (CIPC).
It is not necessary for a trademark to be in use in South Africa in order for it to register. However, prior use may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness, or to demonstrate prior rights.
If you register a combined trademark (which includes both word elements and figurative elements) in South Africa, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Opposition actions may be filed by interested third parties against a trademark application within a period of three (3) months following its publication in the trademarks journal. In certain circumstances, extensions to this deadline may be granted. The probabilities of success for an opposition will vary in each case depending on the circumstances.
Although a trademark does not have to be in use in order for it to register, it must not go unused for more than five years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.
Registered trademarks in South Africa have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as six (6) months before the expiration date. It can also be requested during the grace period of one (1) month after expiration, upon payment of a late renewal fee.
South Africa recognizes three-dimensional (3D) trademarks, allowing for the protection of distinctive product shapes or packaging. When registering a 3D trademark with the Companies and Intellectual Property Commission (CIPC), applicants must provide clear graphical representations from at least three different angles. The mark must be capable of distinguishing the goods or services of one enterprise from those of others. Notably, South African law prohibits the registration of shapes resulting from the nature of the goods themselves or shapes necessary to obtain a technical result. Evidence of acquired distinctiveness through use may be required if the 3D mark lacks inherent distinctiveness.
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