The procedure of trademark renewal in South Africa

Trademark registration can be protected in perpetuity provided a renewal application is filed before the renewal due date. The renewal date is calculated from the application date. On payment of the required renewal fees, a trademark can be renewed indefinitely for subsequent periods of ten years.

A TM5 form must be completed to renew a trademark. If the trademark is not used for a continuous period of five years, it may be canceled altogether or for specific products or services.

A renewal reminder will be issued by automatic e-mail to the e-mail address specified in the CIPC customer profile for the registration’s customer code six months before the registered trademark’s expiration date. The renewal reminder may also be viewed and printed electronically and without cost through the CIPC website’s distinctive e-search feature.

If the renewal fee is not paid within the required period, as mentioned above, the Registrar may remove the trademark from the Register.

The Registrar may remove a trademark from the Register if the renewal fee is not paid within the set period. Applying for restoration along with the supporting documents can be completed either manually or online.

Once the restoration application has been completed, an automatic e-mail will be sent to you or your address for service notifying you of the announcement. This announcement will be included in the Patent Journal for use in opposing the patent.

If no opposition to the restoration is lodged within the required three-month time from the date of the notice in the Patent Journal, the restoration will be finalized, and the mark’s status will be updated in the Trademarks Register. In some instances, the restoration will not be possible, and it will be required to file a new trademark application in which instance the original filing date will be lost.

To ensure that your trademark is protected in perpetuity, ensure that you use your trademark, that you retain the proof of use, and that a renewal application is filed before the renewal due date. Also, ensure that the Trademark Register is updated in relation to any changes in the proprietors’ details. Once renewed you will receive a renewal certificate, which you can use against third parties as proof of your rights to your trademark.

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