Trade Mark Applications

South Africa is presently not a signatory to the Madrid Agreement. Multi-class applications are also not allowed. In terms of the Paris Convention, applicants can claim priority from a foreign trade mark application to be extended to South Africa provided the South African application is filed within 6 months from the filing date of the first foreign application for that mark. A trade mark is a mark that is used (or proposed to be used) in relation to goods or services for the purpose of distinguishing those goods or services from similar or identical goods or services connected in trade with another party.

Costs

The costs of filing trade mark applications in South Africa in one class is as follows:

• Trade mark search (with limited report): USD200
• Filing First trade mark application (one mark in one class): USD 300
• Where the same trade mark is filed simultaneously in different classes, for further applications: USD 250 per application
• Late filing of documents per lodgement: USD 35
• Attending to publication of application: USD 250
• Obtaining the trade mark registration certificate and forwarding: USD 100
• Costs to respond to official actions: time-based

What we need from you to file a South African trade mark application

• Priority details (country, application number and date)
• Full name and physical address of the applicant
• Goods and/services in respect of which the mark is to be protected
• Trade mark (if it is not a word mark, a representation thereof)
• Original power of attorney (simply signed)

If not submitted on the filing date, the priority documents must be submitted within 3 months of filing date.

General Prosecution Information

The trade mark application is examined to ensure compliance with all formal requirements and also to ensure that there is no prior conflicting trade mark on the register. The registry will issue an official action if there are further requirements or objections.

Once registered, rights in a South African trade mark are backdated to the date of application.  If Convention priority is claimed, then the priority date is deemed to be the date of application.

Renewal Fees

Trade marks can be renewed at 10-yearly intervals (calculated from the date of application) in perpetuity.

Renewal fees can be paid up to six months after the renewal due date upon payment of the applicable fine.

It is not necessary to pay renewal fees for pending applications.

• Costs to renew one trade mark in one class: USD285
• Costs to renew further trade marks with the same proprietor and same renewal date: USD:225