🏢 South Africa Trademark Office
- Name of Office: Companies and Intellectual Property Commission (CIPC).
- Address: Block F, the dti Campus, 77 Meintjies Street, Sunnyside, Pretoria
- Phone number: (27 12) 394 1298
In South Africa, trademark registration is handled by the Companies and Intellectual Property Commission (CIPC). The Office uses the current version of Nice Classification.
South Africa is a member of the WIPO since 1975. However, South Africa is not a member of the Madrid Agreement or the Madrid Protocol. Therefore, South Africa is not eligible to participate in the the international trademark registration system (Madrid System).
Trademark protection is obtained by registration. It can also be obtained by extensive public recognition according to common law. Trademarks are protected under the Trade Marks Act, 1993.
Each year in South Africa 20.000 trademark applications are filed by residents, only 15.000 are filed by foreign applicants, which demonstrates the understanding of how important the trademarks are for local businesses.
⚖️ South Africa Trademark Name Registration: Requirements
Fill out our simple online trademark name registration form in just 5 minutes and a Trademark Specialist will contact you within 24 hours in order to guide you through the process and help you register your trademark name in South Africa.
Our professional trademark attorney in South Africa will prepare and file your trademark for registration at “Companies and Intellectual Property Commission”.
A separate application has to be filed for each class.
Trademark Classification: In South Africa, trademarks are classified according to the Nice Classification System, which is an international system that categorizes goods and services into 45 classes. Each class corresponds to a specific type of product or service. When registering a trademark, the applicant must specify which class or classes the trademark applies to.
What is registrable as a trademark?
words, names, acronyms, letters, numerals, devices, emblems, holograms, colours, colour combinations, three-dimensional forms, three-dimensional forms of goods or their packaging, sound marks, smell marks.
Ideas can't be registered, trademarked or patented in South Africa. Please be informed that there is no good tool to protect ideas.
- I want to windows to produce solar power - this is an idea. It's not possible to register it.
- Here is how anyone can produce windows that generate electricity - that's something you can protect with a patent.
- The name of my business will be Windolar® - that's a trademark name. You can use ® only after registration.
What will be required to file your brand in South Africa?
- Type of the applicant: individual or a company.
- Complete name of the owner.
- Full address of the owner.
- Phone number - to contact you in case if any action is required.
- Mailing address - to forward you the certificate once the trademark is registered.
- List of goods/services.
- Class or classes.
- Trademark itself.
- Power of Attorney (simply signed original).
Trademark registration in South Africa: Procedure
A straightforward trademark name registration process takes around 18 to 24 months.This is due to the fact that the CIPC has to conduct an examination of the trademark application to ensure that it meets all legal requirements. Our attorney will file your trademark within 5 business days, after receiving the required documents and details. Right after this the mark will be protected.
Application Requirements: To apply for trademark registration in South Africa, an applicant must provide the following information and documents:
- A completed trademark application form
- A clear representation of the trademark in electronic format (in jpeg or pdf format)
- A list of the goods and/or services that the trademark will be used for
- The name and contact information of the trademark owner
- The appropriate filing fees
The application process includes:
- a formal examination,
- an examination of distinctiveness
- a search for prior trademarks.
Examination and Publication: Once the application is submitted, the CIPC will examine the application to ensure that it complies with all legal requirements. If there are no objections, the trademark will be published in the Trade Marks Journal. After publication, interested parties have three months to object to the registration of the trademark.
Prior to registration, the trademark application is published in the monthly Patent Journal. Any person can oppose a trademark within a period of 3 months from the date of publication.
Registration: If there are no objections, and the CIPC is satisfied that the trademark meets all legal requirements, the trademark will be registered and a certificate of registration will be issued.
- In South Africa registered trademark must be in use, if any trademark is not in use for more than 5 consequent years it becomes vulnerable to cancellations.
- A trademark registration is valid for 10 years from the date of registration and can be renewed for periods of 10 years.
💰 Сost of trademark registration in South Africa
The official fee for filing a trademark name is ZAR 590.00 per class.
Our prices do not include any legal defenses in case of oppositions or objections.
Our fees (7th of November, 2017):
- Trademark Search in one class: 99 USD
- Additional class: 99 USD
- Trademark Registration Request in one class: 459 USD
- Additional class: 459 USD
- Registration fees in one class: 299 USD
- Additional class: 299 USD
How To Order
- Fill out a simple online form in this link.
- A Trademark Account Manager will contact you within 24 hours.
- Prepare the necessary documents.
- The trademark will be filed within 5 business days.
- We will keep you posted on the progress and inform you when the trademark registers.
Any questions? Contact us at [email protected]
📆 Trademark Renewals in South Africa
A trademark name is renewable for a period of 10 years and valid from the filing date. To renew a trademark in South Africa, you must submit an application for renewal to the Companies and Intellectual Property Commission (CIPC) at least six months before the expiration of the registration. Here's the process:
- A mark can be renewed within 6 months before the expiration of the current trademark registration.
- In South Africa we will require a simply signed POA (Power of Attorney). The process can be completed online, you can just provide us with the documents required.
- The process takes approximately 2-6 months, and a Renewal Certificate is issued.
Trademark renewal in South Africa price
The price is 399$ for one class. The government fee is included in the price.
Trademark renewal process
Please contact us using the following form in order to request a trademark renewal in South Africa. The process is rather simple, our attorney will become your representative and will pay the renewal fee.
The CIPC will process the application for renewal and notify you of the outcome. If the application is successful, the trademark registration will be renewed for a period of 10 years from the date of expiration of the previous registration.
What if the deadline is missed?
After the expiration date there is a grace period of one month which is counted from the date of the advertisement of nonrenewal is provided to the registrant (not less than 6 months prior to the expiration date). The official fee is R48.00 (2.69 USD).
It's important to note that if the trademark owner fails to renew the trademark registration, the trademark will be removed from the register and will become available for anyone to use.
After the end of the grace period there is a restoration period of 1 year. The official fee is R145.00 (8.12 USD)
- Filing date: 01.09.2019
- Registration date: 01.09.2021
- Expiration date: 01.09.2029
- The earliest date for filing a renewal: 01.03.2029
- Grace period starts and ends: 01.09.2029-01.10.2029
- Restoration period starts and ends: 01.09.2029-01.09.2030
Please be informed that the dates are determined to the best of our knowledge and we take no responsibility if the calculations are incorrect. We recommend that you contact us with an actual case in order to determine the renewal date with the highest accuracy possible.
Our Services in South Africa
We offer the following services in South Africa:
- Trademark Search (wordmark only)
- Trademark Registration
- Trademark renewal
- Trademark oppositions in South Africa. An opposition ca be submitted within 3 months from the date of publication, the opposition period can be extended for an extra fee
- Defenses in case of oppositions or objections/office actions in South Africa
- Trademark assignment
- Change of name/Change of Address
If you are interested in any of these services, please do not hesitate to contact us.