Trademarks - Filing Requirements


Filing Requirements
  • Power of attorney simply signed.
  • Certified copy of the priority document if claimed, with English translation.

Notes
  • Late filing of documents: allowed within 2 months from filing date without penalty.

The priority document can be filed within three months from the filing date.

Registration with Customs Duty
  • Power of attorney simply signed.
  • Certified extract of the subject trademark.

Notes
  • Late filing of documents: not allowed.

In South Africa, if you have a registered trade mark, such goods will not automatically be protected by customs at our ports of entry and customs will not conduct searches for counterfeit goods.

South African customs function at all our ports of entry (airports, harbours and border posts) and in the market place when it comes to the detaining and/or seizing of goods.

If counterfeit goods are encountered at any of our ports of entry or in the market place, such a Section 15 Application is required in order to apply for a warrant to have the counterfeit goods detained.

Please note that this application can be filed at any time with customs and no extension is required as only the fully completed application will be accepted by Customs.

The application process to register the Section 15 Application with Customs is approximately 1 month from date of submission and will remain valid and in force for a period of 2 years from date of registration.

South African customs are very active in anti-counterfeiting measures in South Africa and we would recommend that client proceeds with the Section 15 Customs registration, in order to ensure that customs may act and attend to the detention and seizure of any unauthorised and/or counterfeit goods bearing the identical trade marks which are imported into the country.

Renewal Requirements
  • Power of attorney simply signed.
  • Photocopy of the registration certificate of the subject trademark.

Notes
  • Late filing of documents: allowed within 2 months from filing date without penalty.

Search Requirements
  • No documents are required.

Assignment Requirements
  • Power of attorney signed by the assignee.
  • Deed of assignment document signed by the assignor and assignee, with English translation.

Notes
  • Late filing of documents: not allowed.

Merger Requirements
  • Power of attorney simply signed.
  • Merger agreement document signed by both parties, with English translation.

Notes
  • Late filing of documents: not allowed.

Recordal of Change
  • 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, with English translation.

Notes
  • Late filing of documents: not allowed.

License Requirements
  • Power of attorney signed by the licensee.
  • License agreement document signed by both parties, with English translation.

Notes
  • Late filing of documents: not allowed.