Requirements:
- Specifications of goods and services in respect of which the Trade Mark is applied as per the Nice Classification
- The full name and address of the proprietor.
- A Power of Attorney (the POA need not be legalized/notarized);
Classification:
-International classification of goods and services.
MULTICLASSES:
-A single application may cover more than one class.
Licensing/Registered Users
Licensing is recognized. Recordation is required in order to be effective against third parties and for use by the licensee to inure to the benefit of the Registered proprietor.
The license agreement must provide for quality control by the licensor.
Requirements:
(a) License agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the licensee.
Assignments
Assignments are possible and may be made with or without the goodwill of the business.
Recordation is required.
Requirements:
(a) Deed of assignment;
(b) Power of attorney from the assignee.
Marking of Goods:
-Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.
-A range of regulations apply, especially in the case of foods, drugs and chemical substances.
Opposition:
Opposition may be lodged within sixty days following the date of advertisement of the trade mark application. Extension of the opposition period is possible at the discretion of the Registrar.
Cancellation:
Section 29 (1) provides that a registered TM may be taken off the register in respect of any of the goods to which it is registered on ground that; Up to the date one month before the date of the application a continuous period of 5 years or longer elapsed during which the TM was a registered TM and during which there was no bona fide use in relation to those goods by any proprietor.
Use and cancellation:
-Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.
-Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.
-Permitted use by a third party cannot be relied on by the proprietor unless the user is recorded as a license.
Duration and Renewal:
-A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for further periods of ten years.