A trademark registration in South Africa is filed with the Companies and Intellectual Property Commission (CIPC) in Pretoria, together with details of the applicant, details of the trademark, classes, list of goods and services, and a signed power of attorney. Before a trademark registration is a filed, a trademark search has to be done to ensure the mark does not infringe on anyone else’s registered trademark.
Trademark Registration Timeframe
An informal search may take 4 to 5 business days and a formal search can take 2 to 3 weeks to complete. The usual timeframe from filing to registration is 24 to 36 months.
A trademark registration in South Africa is valid for 10 years from the date of application and renewable every 10 years. A registered trademark can be protected forever, provided it is renewed every 10 years upon payment of the prescribed renewal fee. If your registered trademark has not been used in South Africa for a continuous period of 5 years, another person may apply to have it removed from the Register.
Trademark Transfer & License
Trademarks can be transferred through assignment and may be bought or sold. You may also license your trademarks to another party, who will then pay royalties for the use of your marks. A trademark, like a patent, may even be hypothecated to serve as security.