International and Regional Arrangements

South Africa is a member of the Paris Convention.

TRADEMARKS

South Africa is a “Single-Class” registration system (A separate application is required for each class), there is no provision for series marks or defensive marks.

Documents required for trademark registration

1. Details of the applicant
2. List of goods or services
3. A duly signed Power of Attorney/Authorization of Agent
4. Prints of the mark
5. If convention priority is to be claimed details of same as well as the priority document to be filed within three months of the South African filing date.

Renewals

Trademarks are valid for a period of ten (10) years from date of filing and renewable for further ten (10) year periods. Provision is made for late renewal (1 year).

Documents required for Renewals

Power of Attorney simply signed.

Documents required for assignment/mergers

1. Power of Attorney simply signed.
2. Deed of Assignment or other instrument of title, with verified English translation

Documents required for change of address

Power of Attorney simply signed.

Documents required for change of name

1. Power of Attorney simply signed.
2. Certificate of Change of Name, with verified English translation

Documents required for licenses/registered user

1. Power of Attorney, simply signed, from proprietor and licensee.
2. License Agreement, with verified English translation.

PATENTS

Filing Requirements

Documents required for Non-PCT Patent Registration

1. An application letter requesting for the grant of a patent
2. An application form
3. A description of the invention
4. All particulars of the applicant and those of the inventor
5. Power of Attorney
6. An abstract of the invention with their prospective claims

Documents required for PCT Patent Registration

1. A copy of the communication received by the applicant concerning results of any search or examination carried out in respect of a foreign application.
2. A certified or ordinary copy of the patent or title of protection granted on the basis of the foreign application.
3. A copy of a final decision rejecting the foreign application and/ or refusing the grant required in the foreign application.
4. A copy of the final decision validating the patent granted on the basis of the foreign application.

Duration and Renewal

The term of a South African patent is twenty (20) years from the date of filing, in the case of ordinary patent applications, or from the international filing date in the case of national phase applications, subject to the payment of annual renewal fees from the third year following filing.