Aug 22, 2018 (Newsletter Issue 14/18)Swaziland Is Named Eswatini NowThe country Swaziland is now known as Eswatini, formally the Kingdom of eSwatini. This is a result of a decision announced by the monarch, King Mswati III, on April 19, 2018.
The official gazette, Legal Notice No. 80 of 2018, states that reference in any written law, international agreement or legal document to Swaziland shall be read and construed as reference to eSwatini (English: Eswatini).
The ISO country codelist has been updated to reflect this change. The alpha-2 code SZ remains the same.Source: www.spoor.com; www.iso.org Aug 22, 2018 (Newsletter Issue 14/18)IP and Patent Bills PassedThe Intellectual Property Tribunal Act of 2018 entered into force without any accompanying regulations. The Act seeks to establish a decision-making body which will be responsible for hearing all matters and disputes involving intellectual property rights in Eswatini (Swaziland).
Further, the Patent and Design Act of 1997 and the Patent, Designs and Trade Marks Act of 1936 have now been replaced with the Patents Act. More information details will be published at a later stage.
Source: JAH & Co. IP, Qatar Legal basis is the Trade Marks Act 6 of 1981, the Trade Mark Regulations of 1989, the Merchandise Marks Act of 1937 and the Merchandise Marks Regulations of 1937.
Eswatini is a member of the Paris Convention (since 1988).
Eswatini has also acceded to the Banjul Protocol of ARIPO (in 1997) and to the Madrid Agreement and Protocol of WIPO (in 1998).
These treaties have however not yet been implemented in the national trade mark laws of Eswatini, so that it is not clear whether valid trademark protection can be obtained in Eswatini via an ARIPO registration or a Madrid registration designating Eswatini. Eswatini has been a member of WTO/TRIPS since 1995.
Trademark protection is obtained by registration.
On April 19, 2018, Swaziland changed its name into Eswatini which was published in the Official Gazette, Legal Notice No. 80 of 2018.
Nice classification (11th edition).
A trade mark is defined to mean any visible sign used or proposed to be used upon, in connection with or in relation to goods or services for the purpose of distinguishing, in the course of trade or business, the goods or services of a person from those of another. A visible sign is defined to mean any sign which is capable of graphic reproduction including a word, name, brand, device, heading, label, ticket, signature, letter, number, relief, stamp, seal, vignette or emblem or any combination thereof.
The following trademark types are registrable: trade marks for goods and services, series of trade marks and parts of trade marks.
The application for registration of a trade mark is filed with the Registrar of Trade Marks.
Multiple-class applications are possible. An application can include goods and/or services in any number of classes.
Foreign applicants need a local agent.
Foreign applicants do not need a domestic registration.
The following information and documents are required for registration:
- A power of attorney simply signed
- Full particulars of the applicant
- Reproductions of the mark
- Certified copy of the priority document (if applicable)
The application process includes a formal examination, an examination in respect of inherent registrability and a search for possible conflicts with prior registered trade marks or pending applications. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Once accepted by the Registrar, trade mark applications are published in the Official Gazette for opposition purposes.
The approximate time frame for completing the registration process of a trademark inclusive of examination, advertisement to issuance of the registration certificate, is between 9 and 12 months. The period may be longer where there are delays at the Registry.
National:The opposition period is 3 months from the publication of the application in the Official Gazette, extendable at the discretion of the Registrar.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Protection begins with the date of application. A trademark registration is valid for 10 years from the date of application. The registration is renewable for periods of 10 years after the initial period provided the registrant submits a statement confirming use of the trade mark in Eswatini during the preceding three years, or a statement that special circumstances prevented use of the trade mark.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application fee is SZL 500 for one class and SZL 250 for each additional class. The registration fee is SZL 500 for one class and SZL 250 for each additional class. SZL 50 are due for the Power of Attorney.
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Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
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