An opposition must be filed within 3 months from the publication of the acceptance of the trademark application. This period can be extended by another 3 months upon submitting an official request to the TM registrar.
An opposition must be filed as a notice of opposition, supported by an affidavit outlining the facts on which the opposition is based.
The applicant has one month to notify the opponent if they intend to defend the opposition. If they do, the applicant must provide their answering evidence within two months, and the opponent must submit their replying evidence within one month. The pleadings are then closed, and the matter is set for a hearing.
Currently, opposed trademark cases are referred to the High Court of South Africa, Gauteng Division - Pretoria, as the TM registrar is not holding hearings for opposition cases.
Opposition proceedings typically take between 18 to 24 months to be completed, depending on the backlog at the High Court.