ARIPO Trade Mark Registrations

Member States (Banjul Protocol):  Botswana, Lesotho, Liberia, Malawi, Namibia, Swaziland, Tanzania, Uganda, Zimbabwe and Sao Tome & Principe.

  1. Filing requirements
    1. Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
    2. List of goods and/or services.
    3. A simply signed power of attorney.
    4. Clear print of device mark.
    5. If Convention priority is claimed, a certified true copy of priority documents, together with a verified English translation if appropriate.

  2. Classification
    1. The 9th Edition of the International Classification (Nice Agreement) is followed.
    2. Multiclass - YES.

  3. General
    1. Duration: 10 years from date of application and renewable for further periods of 10 years.
    2. Duration if priority claimed: 10 years from priority date and renewable from further periods of 10 years.
    3. Use: Determined on a purely national basis.  In most contracting countries, within five years of registration and thereafter, non-use for a continuous period of five years or longer may render a registration vulnerable to removal by an aggrieved party.
    4. Marking: Not compulsory but highly recommended.
    5. Licenses: Are permitted.
    6. Assignments: Assignment of applications permissible.


When is a Trade Mark Not a Trade Mark?

Posted on Jun 28, 2023.

There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.

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