The short answer
A South African trademark is registered for 10 years and can be renewed for further 10 years from the expiry of the last registration. The renewal period is set by the regulations, and the Registrar sends a notice to the address for service before expiry. Anyone can oppose within 3 months of advertisement, or a longer time the Registrar allows. A mark can be removed if there was no bona fide use for 5 continuous years after the certificate was issued. Priority is available from a first application in a convention country.
Trademark deadlines in South Africa at a glance
These periods come from the Trade Marks Act, 1993 (Act No. 194 of 1993), English text on WIPO Lex. The authority is the Companies and Intellectual Property Commission (CIPC) through the Registrar of Trade Marks, and the Trade Marks Regulations set the detailed time limits and fees. We re-check every deadline against the current text before we file.
| Question | Answer |
|---|---|
| How long does a registration last? | 10 years, renewable from time to time (Section 37(1)). |
| Which date does the term count from? | The Act does not fix the start date in Section 37. In practice the 10 years run from the filing date, and the certificate shows the registration details. We confirm the date on your certificate. |
| How long is each renewal? | 10 years from the date of expiration of the original registration or of the last renewal (Section 37(2)). |
| When can I renew? | The application must be made within the prescribed period set by the regulations (Section 37(2)). We diarise it and file early. |
| What if I miss renewal? | At the prescribed time before expiry the Registrar sends a notice to the proprietor's address for service. If the conditions are not met, the Registrar may remove the mark, subject to conditions for restoration (Section 37(3)). |
| Opposition period | 3 months from the date of advertisement of the application, or such further time as the Registrar may allow (Section 21). |
| Priority claim | An application in South Africa within 6 months after the application in a convention country can claim priority (Section 63). |
| Non-use removal | On application by any interested person, a mark can be removed if, up to 3 months before the application, a continuous period of 5 years or longer has elapsed from the date of issue of the certificate with no bona fide use (Section 27(1)(b)). |
| Assignment | An assignment must be in writing signed by or for the assignor (Section 39). The assignee applies to register the assignment (Section 40). |
| Reply to an examination decision | The Registrar advises the applicant in writing of the decision to accept, accept with conditions, provisionally refuse or refuse (Section 16). We diarise the response period set in the notice. |
Who can register a trademark in South Africa
A person who uses or proposes to use a trade mark in South Africa can apply to the Registrar. Local and foreign owners can apply. The proprietor of a mark protected under the Paris Convention as a well-known mark can also restrain the use of a conflicting mark in South Africa (Section 35).
Address for service. The Registrar sends renewal and other notices to the proprietor's address for service. Foreign owners normally use a South African trade mark attorney for this, and we confirm the current requirements before filing.
Trademark registration process in South Africa
Search
- Search the CIPC register for identical or similar marks in your classes.
File the application
- File with the Registrar in the prescribed manner.
- Claim convention priority if you filed abroad in the last 6 months (Section 63).
Examination
- The Registrar accepts, accepts with conditions, provisionally refuses or refuses the application and advises in writing (Section 16).
Advertisement and opposition
- An accepted application is advertised.
- Any interested person can oppose within 3 months, or longer if the Registrar allows (Section 21).
Registration
- If there is no opposition, or it fails, and the registration is completed in time, the certificate is issued.
Official fees are set by the Regulations and change. We confirm the current fee for your classes before we quote.
South Africa trademark validity and renewal
- The registration lasts 10 years.
- A renewal gives a further 10 years from the expiry of the last registration.
- The renewal period is set by the regulations.
- The Registrar sends a reminder notice to the address for service before expiry.
- If the conditions for renewal are not met, the Registrar may remove the mark, with conditions for restoration.
Keep your address for service up to date, because the reminder is sent there. We diarise every South African expiry date.
Assignment, licence and changes to a South African trademark
Assignment
Transfer of a mark
An assignment must be in writing and signed by or for the assignor (Section 39(7)). It cannot be made if, because of the assignment and use by different persons, deception or confusion would be likely (Section 39(4)).
Recordal
Registering the assignment
The person who becomes entitled applies to register the assignment or transmission (Section 40).
Alteration
Changing the mark
The owner can apply to add to or alter a registered mark in a way that does not substantially affect its identity (Section 25).
Name or address
Change of the owner's details
The Registrar can amend the register for a changed name, address or address for service (Section 23).
Removal and non-use of a South African trademark
An interested person can apply to the court, or to the Registrar, to remove a mark for some or all of its goods or services. One ground is that the mark was registered without a bona fide intention to use it and has not been used. Another is that, up to 3 months before the application, a continuous period of 5 years or longer has passed from the date the certificate was issued with no bona fide use by the proprietor or a permitted user (Section 27).
Keep dated proof of use in South Africa: invoices, packaging, advertising and website pages that show the mark with the goods or services. Use by a permitted user counts.
How to check a trademark in South Africa
The register is open to inspection by the public, and a certified copy of an entry can be obtained on application (Section 22). Check the advertisement date for the opposition clock and the certificate date for the non-use clock.
Sources used
- Trade Marks Act, 1993 (Act No. 194 of 1993), English text on WIPO Lex: Sections 16, 21, 22, 23, 25, 27, 37, 39, 40 and 63.
- Companies and Intellectual Property Commission (CIPC) for fees, forms and the register, and the Trade Marks Regulations for the prescribed periods.
South Africa trademark FAQ
How long does a trademark last in South Africa?
10 years, renewable for further 10-year periods counted from the expiry of the last registration (Section 37).
When should I renew a South African trademark?
Within the period set by the regulations. The Registrar sends a notice to your address for service before expiry, and we diarise the date and file early.
What is the opposition period in South Africa?
3 months from the date of advertisement of the application, or a longer time the Registrar allows (Section 21).
How much does it cost to register a trademark in South Africa?
The official fee is set by the Regulations 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 South Africa?
Yes, usually through a South African trade mark attorney who provides the address for service. We confirm the current requirements before filing.
Can I assign a South African trademark?
Yes, in writing signed by or for the assignor, and then register the assignment (Sections 39 and 40).
Can a South African trademark be removed for non-use?
Yes, after a continuous period of 5 years or longer from the issue of the certificate with no bona fide use (Section 27(1)(b)).
What happens if I miss the renewal?
The Registrar may remove the mark from the register, subject to conditions for restoration (Section 37(3)).
Can I claim priority from my home country?
Yes, if you apply in South Africa within 6 months after your application in a convention country (Section 63).
How can I check a trademark in South Africa?
The register is open to inspection by the public, and certified copies can be obtained (Section 22).
Protect your brand in South Africa
SUPREMEiP® files trademarks worldwide through its network and checks every South African deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
