FREQUENTLY ASKED QUESTIONS ON TRADE MARKS IN SOUTH AFRICA

Q 1. Can multiple class trade mark applications be filed in South Africa?
No, an application has to be filed for each class separately.

Q 2. Is a Power of Attorney required?
Yes, a Power of Attorney is required. However, a General Power of Attorney can be filed and this can be referred to in all subsequent trade mark applications and trade mark matters relating to the particular applicant.

Q 3. Can a Power of Attorney be filed subsequently?
Yes, the Power of Attorney can be filed subsequently. However, the Registrar of Trade Marks will not accept an application if a Power of Attorney has not been filed or if a General Power of Attorney is not applicable.

Q 4. How many prints are required of devices and logo’s?
Normally 3 prints are required.

Q 5. Can a trade mark be limited to particular colours?
Yes, a trade mark can be limited to particular colours. However, the broadest protection is provided if the trade mark is merely shown in black and white.

Q 6. How long does it take before a trade mark application proceeds to grant?
Unfortunately there is a delay of about 1 year at present before the Registrar of Trade Marks examines an application.

Q 7. Can the examination of a trade mark application be accelerated?
No, unfortunately the examination cannot be accelerated.

Q 8. Is prior use necessary before filing a trade mark application?
No, prior use is not necessary but there must be an intention to use.

Q 9. What is the cost of filing a trade mark application?
Please refer to separate tariff.