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Triebel IP
Pretoria, South Africa (ZA)

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South Africa (ZA)

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01-21-2014 (Newsletter Issue 1/14)
IP Laws Amendment Act Published
The Intellectual Property Laws Amendment Act, 28 of 2013 (IPLAA) was published in the Government Gazette on 10 December 2013. It is expected that IPLAA will come into effect in the first half of 2014.

IPLAA amends the South African Performers’ Protection Act, Copyright Act, Trade Marks Act and Designs Act. The aim is, inter alia, to provide for the recognition and protection of certain manifestations of indigenous knowledge as a species of intellectual property.

To access the Gazette please click here

Source: Spoor & Fisher, South Africa


05-24-2011 (Newsletter Issue 7/11)
New Procedure for Objection to Company Names
South Africa has enacted a new Companies Act (Act No. 71 of 2008) which entered into force on 1 May 2011. The same date saw the birth of the Companies and Intellectual Property Commission (CIPC), which replaced the Companies and Intellectual Property Registration Office (CIPRO). The Act has changed the procedure for objections to reserved or registered company names.

The objection to company names is now similar to application procedures before the High Court. Under the previous Act, the objector or his attorney had to address a letter to the registrar, setting out the grounds of objection and the reasons why the registered name was 'undesirable' or 'calculated to cause damage' to the objector. Now the objector has to file a formal application with the Companies Tribunal on a prescribed form, supported by an affidavit which sets out the basis of the dispute. The application must be served on the respondent within 5 days and an answer filed within 20 days, failing which the applicant can apply for default judgement. If an answer is filed, the applicant may file a reply within 15 days after the date of the answer following which the matter is set down for hearing before the Companies Tribunal.

However, the grounds on which an application can be brought remain similar to those of the previous regime, including rights to a trade mark, company, business or protected name registered in terms of applicable legislation. New features introduced by the Act: 1) Company names may now be objected to on the basis of a trade mark application. 2) An objection to a registered company name may be lodged at any time while previously it could no longer be brought after a certain period. 3) The Tribunal may grant an order as to costs.

Source: Spamer Triebel Inc., South Africa


Legal basis are the Trade Marks Act No. 194 of 1993, in force since May 1st, 1995, and the Intellectual Property Laws Amendment Act No. 38 of 1997, in force since January 1st, 1998.
South Africa is not a member of the Madrid Agreement or the Madrid Protocol.
Trade mark protection is obtained by registration. It can also be acquired by sufficient public recognition in terms of common law.
The principles of ʻcommon lawʼ apply, i. e. official and judicial decisions are rendered on the basis of prior decisions and judgements on similar cases.
Nice classification, 11th edition
Registrable as trade marks are all distinctive signs, capable of being represented graphically, such as words, names, acronyms, letters, numerals, devices, emblems, holograms, colours or colour combinations, three-dimensional forms, three-dimensional forms of goods or their packaging, sound marks and smell marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the “Companies and Intellectual Property Commission” (CIPC).
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 2 years, provided the process is smooth.
The first office action is taken after approx. 9 months.
Prior to registration, the trademark application is published in the monthly Patent Journal.
National:
The opposition period is 3 months from publication of acceptance of the trade mark application, extendable for further periods of 3 months each.
A trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from the date of grant of registration, or if it has not been used for 5 consecutive years, it may be subject to cancellation at the instance of third parties.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark is ZAR 590.00 per class. There are no publication or registration fees payable.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 380,00 € 190,00 € 
Word Mark Search (identical) 310,00 € 130,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
11-10-2016
Triebel IP, Pretoria, South Africa  

09-21-2015
Triebel IP, Pretoria, South Africa  

11-07-2014
Brian Bacon Inc., Cape Town, South Africa

06-26-2013
Spamer Triebel Inc., Cape Town, South Africa

02-09-2012
Spamer Triebel Inc., Cape Town, South Africa



Triebel IP





Lugano Building, Il Villagio, No. 5 De Havilland Crescent, Persequor Technopark
0020 Pretoria
South Africa (ZA)
Tel + 27 12 349 1901
jens@triebel-ip.co.za
www.triebel-ip.co.za

Triebel IP is a mid-sized niche firm specialising exclusively in intellectual property law, innovation, know-how and related commercial aspects, including:

- Advising on the selection, availability, registration, use, protection, licensing and transfer of trade mark rights, nationally and internationally
- Identifying and securing patent and design rights in cooperation with leading patent attorneys in South African and abroad
- Enforcing and defending proprietary rights through litigation, opposition and cancellation proceeding
- Maintaining existing intellectual property rights
- Managing worldwide trademark portfolios
- Anti-counterfeiting

Triebel-IP was established by Jens Triebel in July 2015. He is assisted by an able team, which sets optimal, cost-effective tailor-made intellectual property strategies for clients.

We focus on fostering a partnership relationship with our clients, advising them on the selection, availability, use, protection, licensing, transfer and enforcement (including anti-counterfeiting) of intellectual property rights (trademarks, patents, designs and copyright), nationally and internationally.

We are able to draft a wide variety of intellectual property related instruments, including licensing, franchising, merchandising and distribution agreements.

Companies and Intellectual Property Commission (CIPC)
The Dti Campus
(Block F – Entfutfukweni)
77 Meintjies Street, Sunnyside
Pretoria
South Africa

Private Bag X400
Pretoria 0001
Tel +27 12 394 9973
Fax +27 12 394 1015
Mail info@cipc.co.za
www.cipc.co.za