The short answer
Under the Trade Marks Act 1981 (Act No. 6 of 1981, then called Swaziland), a mark is registered for 10 years from the date of registration and renewed for periods of 10 years. A renewal needs a statement of bona fide use in the three years before expiry, or proof of special circumstances. The application needs an address for service in Eswatini with a power of attorney in favour of a resident trade mark agent.
Trademark deadlines in Eswatini at a glance
These rules come from the Trade Marks Act, 1981 (Act No. 6 of 1981), in the English text on WIPO Lex, which still names the country Swaziland. The Act is old and may have been amended, and the prescribed time limits are in the regulations, so we confirm the current rules before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of registration, renewable for periods of 10 years (Section 29). |
| Which date does the term count from? | The date of registration (Section 29(1)). A renewal runs from the expiration of the last registration (Section 29(2)). |
| When can I renew? | The registered proprietor renews in the prescribed manner and within the prescribed period, with a statement of the goods or services covered by bona fide use in Eswatini at any time in the three years before the expiration, or proof that special circumstances prevented use (Section 29(2)). |
| Is there a grace period? | The Act leaves the periods to regulation. We confirm the current renewal and late renewal periods with the Registrar before advising. |
| Opposition period | Any person can give notice of opposition to the Registrar within the prescribed time from the advertisement of the application, on the ground that it does not meet the registration requirements. The notice is in writing and states the grounds (Section 27). |
| Reply to an office action | The Registrar examines the application and tells the applicant of any objection, and the applicant can reply or be heard. |
| Priority claim | Priority under the Paris Convention is available. We confirm the claim procedure when we file. |
| Non-use | An aggrieved person can apply to remove a mark from the register for specified goods or services if, up to one month before the application, a continuous period of three years or longer passed without use by the owner. Non-use is not counted if it is due to special circumstances, or if it falls within five years of the date of registration. |
| Assignment | Assignments and transmissions of registered marks must be recorded with the Registrar (Section 41), and registered users can be recorded (Section 42). |
Who can register a trademark in Eswatini
A person who uses, or proposes to use, a trade mark can apply to the Registrar. The application includes a declaration of use or proposed use and a list of goods and services by class.
Representation. The application must give an address for service within Eswatini, with a power of attorney in favour of a trade mark agent resident and practising there.
Trademark registration process in Eswatini
Search
- Search the the Registrar of Trade Marks in Eswatini records for identical or similar marks in your classes.
File the application
- File with the the Registrar of Trade Marks in Eswatini, through a trade mark agent resident in Eswatini.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After the application is advertised, any person can oppose within the prescribed time, in writing and stating the grounds (Section 27).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Registrar of Trade Marks in Eswatini and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Eswatini trademark validity and renewal
- A registration lasts 10 years from the date of registration.
- Renew in the prescribed period with a statement of use in the last 3 years.
- Use the mark in Eswatini to protect it against removal for non-use.
Collect dated evidence of use in the three years before expiry so the renewal is accepted.
Assignment, licence and changes to a Eswatini trademark
Assignment
Recorded
Assignments and transmissions are recorded with the Registrar (Section 41).
Registered users
Recorded
Licensees are recorded as registered users (Section 42).
Fraud
Correction
Fraud in registration, renewal, assignment or transmission can be corrected (Section 38).
Classification
Reclassification
Marks are reclassified on renewal under the international classification.
Non-use and cancellation of a Eswatini trademark
A mark can be removed on application by an aggrieved person after three or more years of non-use, except for non-use due to special circumstances or within five years of registration. Fraud in registration, renewal or assignment can also lead to rectification (Section 38).
Keep dated proof of use in Eswatini: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Eswatini
Ask the Registrar for the register entry and check the registration and renewal dates.
Sources used
- Trade Marks Act, 1981 (Act No. 6 of 1981), Eswatini (Swaziland), English text on WIPO Lex: Sections 27, 29, 38, 41 and 42, and the removal-for-non-use provision.
- The Registrar for the current regulations, fees and forms.
Eswatini trademark FAQ
How long does a trademark last in Eswatini, and from when?
10 years from the date of registration, renewable for periods of 10 years (Section 29). It counts from the date of registration (Section 29).
When should I renew a Eswatini trademark, and is there a grace period?
The registered proprietor renews in the prescribed manner and within the prescribed period, with a statement of the goods or services covered by bona fide use in Eswatini at any time in the three years before the expiration, or proof that special circumstances prevented use (Section 29(2)).
What is the opposition period in Eswatini?
Any person can give notice of opposition to the Registrar within the prescribed time from the advertisement of the application, on the ground that it does not meet the registration requirements. The notice is in writing and states the grounds (Section 27).
How much does it cost to register a trademark in Eswatini?
The official fee is set by the the Registrar of Trade Marks in Eswatini and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Eswatini?
Yes. A foreign applicant must give an address for service in Eswatini through a resident trade mark agent. We arrange this.
Can I assign a Eswatini trademark?
Assignments and transmissions of registered marks must be recorded with the Registrar (Section 41), and registered users can be recorded (Section 42).
Can a Eswatini trademark be cancelled for non-use?
An aggrieved person can apply to remove a mark from the register for specified goods or services if, up to one month before the application, a continuous period of three years or longer passed without use by the owner. Non-use is not counted if it is due to special circumstances, or if it falls within five years of the date of registration.
How can I check the status of a Eswatini trademark?
Use the the Registrar of Trade Marks in Eswatini register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority under the Paris Convention is available. We confirm the claim procedure when we file.
How do I change the owner's name or address?
Record the change with the the Registrar of Trade Marks in Eswatini so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Eswatini
SUPREMEiP® files trademarks worldwide through its network and checks every Eswatini deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
