Filing Requirements:
- Power of attorney, executed in the presence of a notary public.
- Ten prints of the trade mark - device marks.
Classification:
- International classification of goods and services.
MULTICLASSES:
A separate application is required for each class.
Licensing/Registered Users:
Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.
The license agreement must provide for quality control by the licensor.
Requirements:
- Notarised license agreement;
- Notarised statutory declaration and statement of case;
- Notarised power of attorney from the proprietor;
- Notarised power of attorney from the licensee.
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.
Follow the importer’s instructions or specific contract specifications.
Opposition:
Opposition may be lodged within two months following date of advertisement of the trade mark application.
Extension of the opposition period is two months or such further period as may be allowed by 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:
The protection is seven years
Renewals:
Every 14 years
