Trade Mark Legislation:

Trade Marks Act, No. 194 of 1993

International Arrangements:

PARIS UNION

Categories of Trade Marks:

Provision is made for SERVICE MARKS, COLLECTIVE MARKS and CERTIFICATION MARKS.

No provision is made for SERIES MARKS or DEFENSIVE MARKS

Definition of Mark:

Any sign capable of being represented graphically, including a device, name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination of the aforementioned.

Definition of Trade Mark:

Other than a certification or collective mark, means a mark used or proposed to be used in relation to goods or services for the purposes of distinguishing goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of trade with any other person. (abbreviated)

Provision is made for limitation of colours.

Classification:

The eighth edition of the International Classification of Goods and Services applies.

A separate application is required for each class.

Documents Required and Procedures:

A. New applications

• Power of Attorney
• 10 reproductions of the mark
• Certified copy of priority document (if applicable), with verified English translation
• Certification marks - statement that Applicant does not carry on a trade in the goods or services and copy of rules governing use
• Collective marks - set of rules governing use of mark

B. Renewals

• Power of Attorney required if Spoor and Fisher is not the address for service
• 10 year renewal period
• Provision is made for late renewal (1 year)
• Provision is made for restoration

C. Assignment/Transmission

• Power of Attorney by Assignee
• Deed of Assignment or other instrument of title, with verified English translation

D. Change of Address

• Power of Attorney

E. Change of Name

• Power of Attorney
• Certificate of Change of Name, with verified English translation

F. Licences/Registered User

• Powers of Attorney from proprietor and user
• Licence Agreement, with verified English translation and/or Affidavit and Statement of Case, with verified English translation

G. Opposition/Removal

• Opposition Conducted before Registrar of Trade Marks
• Opposition to be entered within three months of date of advertisement of acceptance
• Notice of Opposition should be accompanied by evidence on affidavit
• An expungement application may be brought after five years of non-use

NOTE: Power of Attorney may be photocopied from the specimen appearing on the reverse. General Powers of Attorney may be utilised in which case separate Powers of Attorney need not be lodged. 

Power of Attorney

Click here to request further information