China's revised Trademark Law takes effect on January 1, 2027. This guide, checked against the CNIPA's official texts, compares the 2019 and 2026 laws article by article, explains the CNIPA's draft transition rules of September 28, 2026 (filing before January 1 does not lock in the old law), and lists what foreign brand owners should do now: file early, file for what they use, keep evidence of use and watch for 2-month oppositions.
How to Register a Trademark in South Africa (CIPC): Steps, Timeline and Requirements
Written by Emily Brooks ·
To register a trademark in South Africa, you file a national application with the Companies and Intellectual Property Commission (CIPC), one application for each class of goods or services, because South Africa is not part of the Madrid Protocol and an international registration cannot designate it. CIPC searches earlier marks itself and examines the application; once accepted, the application is advertised in the monthly Patent Journal and anyone can oppose it for 3 months. The registration lasts 10 years from the filing date, and applicants who do not live in South Africa must act through a South African attorney, which is how we register trademarks in South Africa for clients abroad.
Verified in October 2026 against the Trade Marks Act 194 of 1993, the Trade Marks Regulations (GN R578 of 1995, as amended in 2006), CIPC's own guidance and the WIPO and ARIPO member lists. Procedures change; each rule below names its source.
South African trademark registration at a glance
| Question | Answer | Source |
|---|---|---|
| Where do you file? | CIPC, Trade Marks Office, form TM1 (online through IP Online or on paper) | CIPC |
| Can you designate South Africa through Madrid? | No. South Africa is not a Madrid Protocol member | WIPO member list |
| Can you cover it through ARIPO? | No. South Africa is not a party to the Banjul Protocol | ARIPO, 2026 edition |
| Classes per application | One. A separate application is needed for each class and each mark | Regulation 11(3) |
| Does the office check earlier marks? | Yes. CIPC searches registered marks and pending applications and can refuse on that basis | Act s.10(14)-(15); Regulation 15 |
| Opposition period | 3 months from advertisement, extendable by the Registrar | Act s.21 |
| Foreign applicant | Needs a South African street address for service and a South African attorney | Act s.66; CIPC FAQ |
| Duration | 10 years from the filing date, renewable | Act s.37; CIPC |
| Use requirement | Can be removed after 5 continuous years without genuine use | Act s.27 |
| Typical time to registration | CIPC publishes no official figure; about 24 months in our experience, without opposition or objections | Protect.TM |
No international shortcut: Madrid and ARIPO do not cover South Africa
Many brand owners plan to add South Africa to an international registration. That route does not exist. WIPO's list of Madrid Protocol members (117 members in October 2026) does not include South Africa, so a Madrid application cannot designate it. In a May 2025 reply to Parliament, the Minister of Trade, Industry and Competition said South Africa cannot deposit its instrument of accession until the Trade Marks Act is amended. No amending bill had been published by October 2026.
The regional African systems do not help either. South Africa is not one of the 13 states in ARIPO's Banjul Protocol (status at 1 January 2026), and it is not an OAPI member. The only way to protect a mark in South Africa is a national filing with CIPC. If you are building a portfolio, see how the Madrid system works and plan South Africa as a separate national application alongside it.
The Paris Convention does apply. South Africa has been a member since 1 December 1947, so if you filed the same mark in another member country in the last 6 months, you can claim that earlier date as priority (Act s.63). A certified copy of the foreign application must reach the Registrar within 3 months of the South African filing (Regulation 12).
Who can apply, and what foreign applicants need
You do not need to be South African to own a South African trademark. CIPC's rule is that you must be using the mark in South Africa or have a bona fide intention to use it there. What changes for foreign owners is how they file:
- Address for service in South Africa. Every application must give a full address in South Africa for service. It must include a street address; a post box or private bag is not accepted (Act s.66(1); Regulation 7).
- A South African attorney if you do not live there. CIPC's FAQ states that an applicant who does not reside in South Africa must use a practising attorney in South Africa, and its examination guidelines say the same for applicants not based in the country.
- Local applicants may file on their own. CIPC allows a South African applicant to act as both applicant and address for service.
For clients abroad, our filings run through licensed local trademark attorneys in South Africa. We need a simple power of attorney: a signed copy, with no notarization or legalization.
One application per class
This is the rule that most surprises applicants used to the US, EU or Madrid systems. Regulation 11(3) requires "a separate and distinct application … for each class of goods or services and for each separate mark", and CIPC charges its official fee per class and per mark. A brand that sells clothing (class 25) and runs an online shop (class 35) needs two applications. A word mark and its logo need separate applications too.
In practice, this means you choose classes more carefully than in a multi-class system. Each class is its own file, with its own number, its own examination and its own renewal. Our guide to trademark classes explains how the Nice classification works.
Before you file: CIPC searches earlier marks, so search first
South Africa works differently from Spain or the EU, where the office leaves conflicts to the earlier owner. In South Africa, after an application is filed, the Registrar "shall … cause a search to be made amongst registered marks and pending applications" (Regulation 15(2)). The Act bars a mark that is identical or confusingly similar to an earlier registered mark or an earlier application for the same or similar goods or services, unless the earlier owner consents (s.10(14) and (15)). CIPC's examination guidelines treat these as relative grounds that the examiner raises.
That makes a search before filing worth more, not less. A conflict you find in advance costs nothing to fix; one the examiner finds costs you an objection, a written response within 3 months and, often, months of delay. CIPC offers a free public search on IP Online by word or number. CIPC itself warns that its search results "do not grant any right(s)", and the outcome depends on the official search and examination. You can start with our trademark search in South Africa. Our Comprehensive Trademark Study adds an attorney-reviewed risk rating within one business day.
The CIPC procedure, step by step
- Filing. The application is filed on form TM1, one per class, either online through CIPC's IP Online, with the official fee paid from a CIPC customer account, or on paper. For online filings, CIPC says the official application number is issued within 3 days.
- Search and examination. CIPC classifies the goods and services, searches earlier marks and examines the application (Regulation 15). The Registrar may accept it, accept it subject to conditions or amendments, provisionally refuse it, or refuse it (Act s.16(2)).
- Responding to an objection. If the examiner raises an objection, you have 3 months from the date of the statement to argue in writing, ask for a hearing or request an extension. If you do none of these, the application is deemed abandoned (Regulation 15(4)).
- Advertisement. Once accepted, the application is advertised once in the Patent Journal, which CIPC publishes monthly. The applicant, not the office, is responsible for advertising (Regulation 18(1)).
- Opposition period. Any interested person may oppose within 3 months of the advertisement, or within any further time the Registrar allows (Act s.21).
- Registration. If there is no opposition, or it fails, the mark is registered as of the filing date (Act s.29), and CIPC issues the registration certificate.
One deadline is easy to miss after acceptance. If registration has not been completed within 6 months of acceptance because of the applicant's default, the Registrar sends a notice, and the application is deemed abandoned if it is still not completed 2 months after that notice (Act s.20(1)).
South African trademark deadlines at a glance
| Stage | Deadline | Counted from | Source |
|---|---|---|---|
| Claim priority from a foreign filing | 6 months | Your first filing in a Paris Convention country | Act s.63(3) |
| File the certified priority document | 3 months | The South African filing date | Regulation 12 |
| Respond to an examination objection | 3 months (extension on request) | Date of the Registrar's statement | Regulation 15(4) |
| Complete registration after acceptance | 6 months, then 2 months after the Registrar's notice | Acceptance | Act s.20(1) |
| Third-party opposition | 3 months (extendable) | Advertisement in the Patent Journal | Act s.21 |
| Protection | 10 years, renewable for 10-year periods | Filing date | Act s.37(1); CIPC |
| Renewal window | From 6 months before to 6 months after expiry (additional fee after expiry) | Expiry date | Regulation 25 |
| Last chance before removal | 1 further month, with additional fees | End of the renewal window | Regulation 26 |
| Vulnerable to removal for non-use | 5 continuous years without genuine use | Issue of the registration certificate | Act s.27(1)(b) |
CIPC does not publish an official turnaround for examination. Without opposition or objections, our filings in South Africa typically take about 24 months from filing to registration, so file early if you have a launch date or a priority deadline.
If CIPC objects or someone opposes
An objection from the examiner is not a final refusal. You can answer with written arguments, amend or limit the goods and services, accept conditions such as a disclaimer (s.15), or provide the earlier owner's consent, which the Act expressly allows for conflicts with earlier marks (s.10(14) and (15)). You can also ask for a hearing. What you cannot do is ignore it: after 3 months without a response or an extension request, the application is treated as abandoned.
An opposition is a contested proceeding between you and the opponent, and it can only be filed within the opposition period after advertisement. Responding to objections and oppositions is not part of a standard filing fee anywhere, including ours. It needs a legal analysis of the conflict, so we quote it separately before doing anything.
After registration: renewal, use and the ® symbol
Renewal. A South African trademark lasts 10 years, and CIPC counts the renewal date from the date of application, not from the date of registration. Renewal can be filed from 6 months before expiry up to 6 months after it; paying after expiry attracts an additional fee (Regulation 25). If the renewal is still unpaid, the Registrar advertises that fact in the Patent Journal, and the mark can still be renewed within one further month with the additional fees (Regulation 26). After that, the Registrar may remove the mark, and restoring it is discretionary (Regulation 27). We handle trademark renewal in South Africa, including marks registered by another firm.
Use. A registered mark can be removed if it has not been used in good faith for a continuous period of 5 years or more, counted from the issue of the registration certificate up to 3 months before the removal application. It can also be removed if it was registered without a genuine intention to use it and has not been used since (Act s.27(1)).
The ® symbol. In South Africa, misusing the symbol is a criminal offence, not just bad practice. Representing a mark as registered when it is not is punishable by a fine or up to 12 months' imprisonment. The ® symbol is presumed to refer to registration in South Africa unless you state that it refers to a registration abroad (Act s.62). If your mark is registered only abroad, say so next to the symbol, or use ™ until the South African registration issues. The difference is explained in our guide to ™ vs ®.
What Protect.TM handles in South Africa
| Service | South Africa (CIPC) |
|---|---|
| Comprehensive trademark study (risk rating, attorney-reviewed, 1 business day) | Yes |
| Application filing by licensed local attorneys | Yes |
| Priority claim from a filing in the last 6 months | Yes |
| Registration certificate and registration report | Yes |
| Renewal, including marks registered by another firm | Yes |
| Objection responses and opposition defense | Quoted separately |
Once your application is filed, you receive a filing report with the application number, the filing date and a scanned copy of the application, and you can track its status online.
Frequently asked questions
Can a foreigner register a trademark in South Africa?
Yes. Nationality is not a requirement, but you must use or genuinely intend to use the mark in South Africa. An applicant who does not live in South Africa must give a South African street address for service and, according to CIPC, act through a practising South African attorney.
Can I extend my international (Madrid) registration to South Africa?
No. South Africa is not a member of the Madrid Protocol, so it cannot be designated. You need a national application filed with CIPC, one per class.
How long does it take to register a trademark in South Africa?
CIPC publishes no official timeframe. Without objections or opposition, our filings typically take about 24 months. Fixed legal steps add to that: 3 months to answer any objection and a 3-month opposition period after the monthly Patent Journal advertisement.
Can I register a trademark on CIPC myself?
A South African applicant can file directly on CIPC's IP Online and act as their own address for service. Applicants based outside South Africa must use a South African attorney.
How long is a South African trademark valid?
Ten years from the filing date, renewable indefinitely for further 10-year periods. Renewal can be filed from 6 months before expiry until 6 months after it, with an additional fee after expiry.
Ready to protect your brand? Start with a trademark search in South Africa, then register your trademark in South Africa with licensed local attorneys handling every step at CIPC.
