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.
The costs of filing trade mark applications in South Africa in one class is as follows:
If not submitted on the filing date, the priority documents must be submitted within 3 months of filing date.
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.
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.
During this unprecedented situation we would like to first and foremost extend our thoughts to all those that have been affected by the COVID-19 and we wish all of you good health and a full recovery.
We would like to inform you that Galloway & Co. is in the fortunate position to be able to conduct our business remotely and will continue to operate without any disruption in our services.
ARIPO has confirmed that they will remain operational, however, should this change we will continue to provide updates in this regard and adapt all deadlines based on ARIPO’s decision so as to ensure that all IP rights in our care will be preserved and safely maintained
Our teams are available to support you in any way we can.