Filing requirements:
- Power of attorney, simply signed.
- Eight prints of the trade mark - device marks.
Classification:
-International classification of goods and services.
MULTICLASSEES:
-A separate application is required for each class.
Licensing/Registered Users
Registered use is recognised. 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:
-Registered user agreement;
-Affidavit and statement of case;
-Power of attorney from the proprietor;
-Power of attorney from the user.
Assignments:
-Assignments are possible and may be made with or without goodwill of the business
Requirements:
-Deed of assignment
-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.
Textile goods containing sheep’s wool, whether in the piece or made up, are now subject to special marking regulations.
There are special marking regulations, for potentially harmful drugs, many other drugs, and for food. Labels should be in English or Afrikaans, certain items require labels in both languages.
Every bag, package, wrapper, case or other container in which goods of any kind are imported into the Republic for the purpose of sale, sold, exposed for sale, or delivered to a purchaser, other than on the basis of weight or measure, shall avoid all direct or indirect indication of either weight or measure, including numbers which might be construed as such an indication. This does not prohibit outer containers from being marked with the shipping weight.
Opposition:
Opposition may be lodged within two months following the date of advertisement.
Extension of the opposition period is possible at the discretion of the Registrar.
Use:
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.
Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user.
Granting:
10 years
Renewals:
For periods of 10 years