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Country Rules

SOUTH AFRICAN TRADEMARK

File Patent South Africa

Classes:

Only one class (as per the Nice Classification, 11th Ed. ‐ copied below) may be selected per trademark application. Our system permits the list of goods / services to be edited.

Goods:

  1. Chemical
  2. Paint
  3. Cosmetics / cleaning
  4. Lubricant / fuel
  5. Pharmaceutical
  6. Metal
  7. Machinery
  8. Hand tool
  9. Computer, software, electrical, scientific
  10. Medical instrument
  11. Environmental control instrument (lighting, heating, cooling, cooking)
  12. Vehicle (land, air or water)
  13. Firearm
  14. Jewellery
  15. Musical instrument
  16. Paper, printed material
  17. Rubber
  18. Leather (excluding clothing)
  19. Non‐metallic building material
  20. Furniture
  21. Houseware and glass
  22. Rope, cordage and fibre
  23. Yarn and thread
  24. Fabric and textile
  25. Clothing and apparel
  26. Lace, ribbons, embroidery
  27. Floor covering
  28. Toy and sporting goods
  29. Meat and processed food
  30. Staple food
  31. Natural agricultural
  32. Light beverage
  33. Wine and spirit (excluding beer)
  34. Tobacco and matches

Services:

  1. Advertising, business and retail
  2. Insurance and financial service
  3. Construction and repair
  4. Communication
  5. Transportation and storage
  6. Treatment and processing of material
  7. Education and entertainment
  8. Computer, software, scientific
  9. Restaurant and hotel
  10. Medical, beauty and agricultural
  11. Personal, legal and social

Priority:

Priority may be claimed from any trademark application filed in a Paris Convention country during the previous 6 months. An electronic copy of the priority document must be uploaded, together with a translation thereof (if not in English). We do not require a hardcopy of the priority document to be couriered to us.

Power of Attorney:

A Power of Attorney (authorising our agent S&Z Trademark Attorneys to file the application) must be downloaded from our system, signed, scanned and uploaded as a PDF document. No legalisation, notarisation or commissioning is required and the original signed document does not need to be lodged at the South African Trademarks Office. Where an applicant files the South African trademark directly (i.e. not via his agent / attorney), the simplest is to use the e-signing facility.

Payment:

Payment must be made by credit card. The system does not accept bank transfers or EFT payments.

Prosecution:

Should the trademark examiner raise any objections, an examination report will be issued within 9‐12 months of filing. Examination reports must be replied to within 3 months.

Acceptance:

South African trademarks are typically accepted 15‐20 months from filing. The notice of acceptance must be published within 6 months of issuance.

Opposition:

South African trademarks are open for opposition during a period of 3 months from publication of acceptance.

Grant:

In the absence of opposition, South African trademarks are granted at the end of the opposition period.

Certificate:

We should receive your South African trademark registration certificate within 6‐8 months of publication of acceptance.

Madrid Protocol:

South Africa is expected to join the Madrid Protocol during 2020. Only thereafter may South African trademarks be filed via the Madrid Protocol system.

Our South African agents::

S&Z Patent and Trademark Attorneys (IdeaNav) ‐ a South African law firm that provides patent and trademark services to most South African multinational companies, Regulators and Universities. S&Z can also assist with South African tax, exchange control and licensing issues. You are free to contact and deal with our agents directly.

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