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Country trademark guide · Updated

Trademark registration in South Africa

In South Africa, a local agent files the trademark application directly with the Companies and Intellectual Property Commission (CIPC): South Africa is not a member of the Madrid System, and each application covers one class only. After acceptance, you arrange publication in the Patent Journal; registration follows if no one opposes within 3 months.

Order online · South Africa trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

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Five questions first

Which route?South Africa cannot be designated through Madrid: appoint a South African agent to file directly with CIPC, one class per application; if your earlier application in a convention country is less than 6 months old, you can claim priority.Details ↓What do I need?The applicant's name and address in English, a power of attorney, the mark (non-Roman script such as Chinese with a transliteration and/or translation) and goods or services for one class; the address for service must be in South Africa.Details ↓How are official fees charged?ZAR 590 per application (one class), so several classes need separate applications; renewal costs ZAR 260 per registration. Service fees are quoted after you submit the order.Details ↓How long does it take?CIPC's service standard is a first examination notice within 10 months of filing; the opposition period is 3 months from publication (statutory). A smooth case takes about a year and a half (estimate).Details ↓What are the main risks?Neither Madrid nor ARIPO covers South Africa; after acceptance you must arrange publication yourself, and delay can mean abandonment; descriptive elements often need a disclaimer.Details ↓
Key facts

Trademarks in South Africa: key facts

OfficeCompanies and Intellectual Property Commission (CIPC); examination and registration are handled by the Registrar of Trade Marks. Website and search links: IP Toolbox.
LawTrade Marks Act, 1993 (Act No. 194 of 1993, in force since 1 May 1995); procedure and fees in the Trade Marks Regulations, 1995
Madrid SystemNot a member, so South Africa cannot be designated in an international registration; it is not a member of the African Regional Intellectual Property Organization (ARIPO) either
One class per applicationEach application can cover only one class and one mark; several classes need separate applications, each registered separately. The Nice Classification is used
Address for service and agentA full address in South Africa is required (a post office box alone is not enough); applicants not resident in South Africa must file through a practising attorney in South Africa
PriorityWithin 6 months of a first application in a convention country declared by South Africa (China, for example, is on the list); a copy certified by the office of first filing is due within 3 months of the South African filing date
First examination notice (official service standard)Issued within 10 months of the filing date
Response to examination (statutory)Within 3 months of a refusal or conditional acceptance, reply in writing, request a hearing or apply for an extension, otherwise the application is treated as abandoned
Opposition period (statutory)3 months from publication in the Patent Journal; the Registrar can extend it
Registration certificate (official service standard)With no opposition, issued within 66 working days (about 3 months) after the opposition period ends
Term and renewalRegistration dates from the filing date and lasts 10 years; renewal is possible from 6 months before expiry until 6 months after, with a surcharge after expiry
Non-use (statutory)After 5 consecutive years without bona fide use following the issue of the registration certificate, others can apply for removal
Filing feeZAR 590 per application (one class), not refunded if the application is refused (current CIPC fee schedule)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing: whether to claim priority

South Africa is not a member of the Madrid System and cannot be designated in an international registration: a South African agent must file directly with CIPC, and each application can cover only one class. The real choice for foreign applicants is whether to claim priority from an earlier application filed abroad.

ItemDirect filing (no priority claim)Claiming priority from an earlier application
PrerequisiteNone; use this if you have no earlier application, or if more than 6 months have passed since it was filedFiled in South Africa within 6 months of the first application in a convention country, for the same mark
Filing dateThe date of filing with CIPCThe date of the earlier application counts, so identical or similar applications filed by others in South Africa in the meantime rank after yours
What else to doNothingGive the number, date and country of the earlier application on the form; within 3 months of the South African filing date, file a copy certified by the office where it was filed, with a translation into English or another official language of South Africa
Official feesZAR 590 per application (one class)The same; CIPC's fee schedule has no separate priority fee
RiskIf someone files first in the gap between your earlier application and the South African one, their application can block yoursIf the certified copy is not filed within 3 months, the priority claim may not be recognised, and the filing date reverts to the actual filing date
Best forYou have not filed elsewhere yet, or your earlier application is more than 6 months oldYou filed elsewhere less than 6 months ago, especially if you are concerned that someone may file first in South Africa

South Africa is not an ARIPO member either. If you are filing across East and Southern Africa, the ARIPO member states are covered in ARIPO trademark registration, but South Africa needs a separate application.

Not sure? Run a free search first, then submit an order online; the agent will advise based on the search results.

What to prepare

Documents checklist

Applicants filing with CIPC usually prepare the following information and documents. Signed documents such as a power of attorney are provided following the agent's instructions.

Applicant

  • Name (for a company, its full legal name as registered, in English)
  • Address

Address for service and agent

  • A full address in South Africa including a street address; a post office box alone is not accepted. If you appoint an agent, the agent's address is used
  • Applicants not resident in South Africa must file through a practising attorney in South Africa, who acts on a power of attorney

The mark

  • Word mark: the wording
  • Figurative or combined mark: a clear image, no larger than 8.5 × 10 cm as CIPC requires
  • Marks with non-Roman characters, such as Chinese, must give a transliteration and/or translation on the form; for foreign words, the Registrar can also ask for a translation

Goods and services

  • Only one class of goods or services per application; CIPC does not accept a form that mixes classes and returns it
  • List specific goods or services that you actually use or genuinely intend to use; CIPC states expressly that you cannot file in all 45 classes just to block competitors

Basis of the application

  • A statement on the form that the applicant is the proprietor of the mark and that it is used or intended to be used in South Africa
  • Earlier application in a convention country: priority can be claimed within 6 months, with a certified copy and translation within 3 months
How long

Process and timeline

Example: one application per class, with no opposition.

  1. Step 1

    Clearance search (recommended)

    Search for similar marks; you can also request an official special search from CIPC, charged per class

  2. Step 2

    Filing

    The agent files and pays through CIPC's electronic system, one application per class; an application number is allocated within 2 working days (official service standard)

  3. Step 3

    Examination

    The Registrar searches earlier registrations and applications and examines distinctiveness, issuing a first examination notice within 10 months (official service standard); objections must be answered within 3 months (statutory)

  4. Step 4

    Publication after acceptance

    After acceptance, the applicant arranges publication in CIPC's monthly Patent Journal; if registration is not completed within 6 months through the applicant's default, the Registrar sends a notice, and if it is still not completed within 2 months, the application is treated as abandoned (statutory)

  5. Step 5

    Opposition period

    3 months from publication (statutory), extendable by the Registrar; an opposition leads to inter partes proceedings before the Registrar

  6. Step 6

    Registration

    With no opposition, the certificate is issued within 66 working days after the opposition period ends (official service standard); registration dates back to the filing date

CIPC publishes service standards but no average examination times. Adding the 10 months for the first examination notice, arranging publication, the 3-month opposition period and 66 working days for the certificate, a case without objections or opposition takes about a year and a half (estimate); objections or oppositions make it considerably longer.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Each application in South Africa covers only one class and one mark, so official fees are charged per application, which amounts to per class. The table below shows the current fees published by CIPC, in rand.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (one class per application; file separately for each class)Per class590 ZAR≈ USD 36
Keeping the registration
Renewal (every 10 years, per registration of one class)Per class260 ZAR≈ USD 16
Late renewal surcharge (renewal within 6 months after expiry, on top of the renewal fee)Per class48 ZAR≈ USD 3
Restoration surcharge (more than 6 months after expiry, after removal; renewal fee also due, special search and affidavit required)Per class145 ZAR≈ USD 9
Other
Official special search (optional, per mark per class)Per class190 ZAR≈ USD 11
Recording an assignment (TM6, first mark)Per application150 ZAR≈ USD 9
Recording an assignment: each additional markPer item26 ZAR≈ USD 2
Change of address, address for service or name (TM2, per mark)Per item19 ZAR≈ USD 1

Source: CIPC Trade Marks forms and fees；CIPC Maintain a trade mark · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China spot selling rate (or, for currencies it does not quote, at the central bank's published USD rate); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: the same mark in 3 classes needs 3 applications, costing 3 × ZAR 590 = ZAR 1,770 in filing fees. Fees are not refunded if an application is refused.

Before filing, you can request an official special search from CIPC at ZAR 190 per mark per class; it shows only whether conflicting earlier marks are on the register, not whether your mark can be registered.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to South Africa and common refusals

These are common issues in South African examination, along with South Africa-specific rules that are easy to overlook.

Neither Madrid nor ARIPO covers South Africa

South Africa is a member of neither the Madrid System nor ARIPO. It cannot be designated in an international registration or an ARIPO application, so when planning protection across Africa, budget for South Africa separately, with a separate application in each class.

You arrange publication after acceptance

Once an application is accepted, the applicant is responsible for publishing it in the Patent Journal; the Registrar does not do this for you. If registration is not completed within 6 months of acceptance through the applicant's default, the Registrar sends a notice of non-completion, and if it is still not completed within 2 months, the application is treated as abandoned.

One class per application; mixed forms are returned

Each application can contain only one class and one mark. If goods from different classes are put on the same application, CIPC does not accept it and returns it, asking you to keep one class and file the others separately. CIPC allocates a filing date only to applications that meet the formal requirements and are paid, so refiling delays the filing date.

Earlier marks and the 3-month response period

The Registrar searches earlier registrations and applications, and a mark identical or similar to an earlier mark and likely to cause confusion is refused. If you do not reply, request a hearing or apply for an extension within 3 months of a refusal or conditional acceptance, the application is treated as abandoned.

Descriptive elements need a disclaimer

Words that directly describe the kind, quality, intended purpose or geographical origin of the goods, and words common in the trade, cannot be registered. Where a mark contains a non-distinctive element, the Registrar often makes a disclaimer of exclusive rights in that element a condition of registration.

No intention to use, or bad-faith filing

The applicant must be the true proprietor of the mark and use or genuinely intend to use it in South Africa. An application without a genuine intention to use, or made in bad faith, is refused, and a registration obtained this way can be removed. After 5 consecutive years of non-use following the issue of the registration certificate, the registration can also be removed.

Free search: can your mark be registered in South Africa?

Each account gets 1 free preliminary search a day: sign in, enter the mark and goods, and the report goes to your account and email.

Free search
After registration

Keeping the registration

A South African registration needs no periodic evidence of use, but continuous non-use can lead to removal, and a registration not renewed in time can be removed from the register.

WhenWhat to doOfficial fee
From 5 years after the certificate is issuedKeep using the mark in good faith in South Africa and keep evidence; after 5 consecutive years of non-use, others can apply for removalNone
From 6 months before expiry until expiry (every 10 years from the filing date)Renew (Form TM5); each class is a separate registration, renewed separately. CIPC sends a renewal reminder at least 6 months in advanceZAR 260 (per registration)
Within 6 months after expiryLate renewal, so the registration is not removedRenewal fee plus ZAR 48
More than 6 months after expiry, once removedApply for restoration: first a special search to confirm that no one has applied for an identical or similar mark in the meantime, then the renewal and restoration request with an affidavit; restoration is published in the Patent Journal and completed if there is no opposition within 3 monthsSpecial search ZAR 190; renewal fee and restoration surcharge ZAR 405 in total
Any timeRecord assignments (TM6), register licensees as registered users (TM7), and record changes of address or name (TM2)Assignment or registered user ZAR 150 each (first registration, ZAR 26 for each additional one); changes ZAR 19 per registration

Use with the proprietor's consent counts as use by the proprietor and can be relied on against removal for non-use. After registration, you can apply to customs under the Counterfeit Goods Act, 1997 to have counterfeit goods seized on import; e-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in South Africa

How much does a South Africa trademark cost?

Each application covers only one class, and the official filing fee is ZAR 590 per application; 3 classes, for example, cost ZAR 1,770. Fees are not refunded if the application is refused. Renewal costs ZAR 260 per registration. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does trademark registration in South Africa take?

CIPC publishes no average examination times, only service standards: a first examination notice within 10 months of filing, and the certificate within 66 working days after the opposition period ends. The statutory steps are 3 months to reply to an examination report and a 3-month opposition period after publication. Added together, a smooth case takes about a year and a half (estimate); objections or oppositions make it longer.

Can I designate South Africa through the Madrid System?

No. South Africa is not on the list of Madrid members published by the World Intellectual Property Organization, and CIPC's website states that South Africa has not yet joined the Madrid Agreement; ARIPO applications do not cover South Africa either. For protection in South Africa, appoint a South African agent to file directly with CIPC; if your earlier application in a convention country is less than 6 months old, you can claim priority.

Do foreign applicants need a local agent in South Africa?

Yes. CIPC states that applicants not resident in South Africa must file through a practising attorney in South Africa; the address for service must also be a full South African address including a street address, not just a post office box. If you file through an agent, the agent's address is used.

How long does a South Africa trademark last, and how is it renewed?

Registration dates from the filing date and lasts 10 years, renewable indefinitely. Renewal is possible from 6 months before expiry; within 6 months after expiry you can still renew with a ZAR 48 surcharge. After that the registration can be removed, and only restoration is possible, which requires a search, an affidavit and publication.

Can I register a mark in Chinese or another non-Roman script?

Yes. If the mark contains Chinese or other non-Roman characters, the form must give a transliteration and/or translation. Registration protects only the form registered; if you mainly use an English or romanised version in South Africa, it is advisable to file that version separately.

Other IP rights

Patents: South African patents last 20 years from the filing date, subject to renewal fees; you can file a provisional application first and the complete application within 12 months (extendable by 3 months on request). South Africa has been a PCT member since 16 March 1999, so PCT applications can enter the South African national phase.

Designs: aesthetic and functional designs are protected for 15 and 10 years respectively, from the registration date or the release date, whichever is earlier, subject to renewal fees; South Africa is not a member of the Hague Agreement, so file separately with CIPC.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Nigeria　·　Kenya　·　Ghana　·　Morocco　·　Algeria　·　African Regional Intellectual Property Organization

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Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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