TRADEMARK APPLICATION FILING IN
South Africa

In South Africa, the Companies and Intellectual Property Commission (CIPC) is in charge of all Intellectual Property matters and related concerns in South Africa. CIPC regulates and oversees companies and Intellectual Property Rights. It also ensures compliance with relevant legislation, registers companies and Intellectual Property, and promotes awareness of company and Intellectual Property Law. South Africa operates on a first-to-use basis when it comes to trademark registrations, and all trademarks must comply with the Trademarks Act 194 of 1993.

The trademark registration before the Companies and Intellectual Property Commission (CIPC) can either be filed through the online portal or via offline mode.

Multi-class applications are not permitted by the Companies and Intellectual Property Commission (CIPC).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*A digital copy of POA is to be submitted;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted within three months of the filing.

The process of registering a trademark in South Africa begins with the submission of the application before the Companies and Intellectual Property Commission (CIPC). Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the CIPC will notify the applicant and provide a specified time to reply to the issued office action/examination report. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the South African Trademark Journal, initiating a three-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition along with the grounds of opposition and an affidavit of the facts. The applicant will receive the notice, and the CIPC will assess the admissibility. The applicant will have the opportunity to defend himself during the specified time of the hearing. Else, the CIPC will then make a decision on whether to accept or reject the application.

A trademark registration in South Africa is valid for a period of ten years. The trademark must be renewed before the end of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with the requisite penalty.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in South Africa takes twelve to twenty-four months in straightforward cases.

According to world Intellectual Property Organisation data, South Africa's trademark filings have increased by nearly 1.8%. South Africa's resident and abroad trademark filings have increased by 0.8% and 10.4%, respectively. According to reports, South Africa is now ranked first in Southern Africa and third in Africa. Furthermore, other powerful nations, such as China, Germany, Switzerland and others, file for trademarks in South Africa. South Africa also ranks second on the 2024 Global Innovation Index among the 27 sub-Saharan African economies.