South Africa adopts the International Classification of Goods and Services under the Nice Agreement (Ninth Edition)

Registrability search
We recommend that a search of the trade mark register is conducted prior to filing a trade mark application in South Africa. A registrability search will locate only those trade marks that are already the subject of a pending trade mark application or registration on the trade mark register. Marks that are in use in South Africa but are not the subject of a trade mark application or registration will not be located in the search.

Filing a trade mark in South Africa
The following requirements must be complied with in order to file a trade mark application in South Africa:
 

The full name of the applicant or legal entity; The applicant’s physical address; the nomination of the class(es); The specification of goods/ services; alternatively a comprehensive description of the goods and/or services for which the trade mark will be used. Where the trade mark is a device, a clear sample of the device (not exceeding 8.5 width x 10cm length); and An original Power of Attorney Form duly signed by the applicant. A sample of the Power of Attorney Form can be downloaded. No notarization or legalisation is required and no penalty fee is charged for the late submission of the form.

Trade mark procedure
The official filing receipt is usually received within 21 days from the date of filing.
The anticipated examination period from the date of filing is approximately 20 months.
If the Trade Marks Office accepts the application, then the trade mark will be advertised in the Patent Journal and is open to third party objections for a period of 3 months. Provided there is no objection by the Examiner or third parties, then the registration certificate will be issued within 30 months from the date of filing.

The trade mark is valid for a period of 10 years from the date of application and is renewable at 10 year intervals

Convention priority
We require a certified English translation of the trade mark application (if applicable) within 3 months from the date of filing as well as a certified true copy of the original trade mark application in respect of which priority is being claimed.

Further information will be provided on request.