AfricanLaw

Trademarks Act, 1993

Single-Class Filing System
Classification of goods / services - Nice Classification 11th Edition
Member of Paris Convention
Priority can be claimed under Paris Convention
International filing under Madrid Protocol and Madrid Agreement – Not Applicable
Protection Term - 10 years from filing date
Examination - Formal and substantive
Opposition Period - 3 months
Use - a registered mark may be subject to cancellation action by interested parties if it has not been used for 5 consecutive years
Renewal application can be made within 6 months before expiry
Renewal duration - 10 years

Power of attorney, simply signed
Certified copy of the priority document if claimed, in English

Power of attorney, simply signed
Photocopy of the registration certificate of the subject trademark

Power of attorney signed by the assignee
Deed of assignment signed by the assignor and assignee, in English

Power of attorney, simply signed
Merger agreement signed by both parties, in English

Power of attorney signed by the licensee
License agreement signed by both parties, in English

Power of attorney reflecting the new name or address, simply signed
Certified copy of the certificate of incorporation or an extract from the commercial register reflecting the change, in English

Patents Act, 1978

Member of: PCT, Paris Convention
Priority can be claimed under Paris Convention within 12 months from the first filing date
Term of protection - 20 years
Annuities are paid from the third year following the filing

Power of attorney, simply signed
Deed of assignment if the applicant is not the inventor
Certified copy of the priority document if claimed
Three copies of specifications, claims, formal drawings, and abstract in English
Late filing of documents is allowed within 3 months from filing date without penalty

Power of attorney signed by the assignee
Deed of assignment signed by the assignor and assignee

Power of attorney, simply signed
Merger agreement

Power of attorney signed by the licensee
License agreement signed by both parties

Power of attorney reflecting the new name or address, simply signed
Certified copy of the certificate of incorporation or an extract from the commercial register reflecting the change

Designs Act, 1993

Member of Paris Convention
Priority can be claimed under Paris Convention within 6 months from the first filing date
Period of protection of a design - 15 years
Annuities are paid annually from the third year following the filing date

Power of attorney, simply signed
Certified copy of the priority document if claimed
Details, possibly drawings of the articles to which the design will be applied
Late filing of documents is allowed within 3 months from filing date without penalty

Power of attorney signed by the assignee
Deed of assignment signed by the assignor and assignee

Power of attorney, simply signed
Merger agreement

Power of attorney signed by the licensee
License agreement signed by both parties

Power of attorney reflecting the new name or address, simply signed
Certified copy of the certificate of incorporation or an extract from the commercial register reflecting the change

Trademark Registration Process

Learn more about the process

Trademark Review

Your lawyers will help you to review the trademark(s) to be registered and advise you of the best protection approach according to the country laws and requirements.

Trademark Classification

With the knowledge of your goods/services, your lawyers will assist you with identifying the most appropriate international class for your trademark.

Trademark Search

Although not mandatory, a trademark clearance search should be conducted to establish if your trademark can be registered and used in the market.

Filing

Your lawyers will submit your application for registration after reviewing and confirming that all formal requirements by the respective IPO have been met.

Examination

At this stage, the IPO will examine whether your trademark fulfills the requirements of the applicable trademark law.

Publication

After the examination process, the trademark is published and third parties may submit an opposition against it being registered. Your lawyers' role is to address and respond to any oppositions and ensure that your trademark proceeds to registration.

Registration

After the opposition period, your trademark is registered and a certificate of registration is issued.

Watch Service

Registration of the trademark is just the beginning, there is need for vigilance in the market. Your lawyers help you lookout for potential infringement through our trademark watch service.

Renewal

Trademark registration is valid for a specific period of years after which it has to be renewed, 10 years in most jurisdictions with a few exceptions. We got you covered.

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IP Office

Companies and Intellectual Property Commission (CIPC), Department of Trade and Industry.

IP Office Website ↗

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