Types of trademarks
The Act provides for the registration of the following marks:
- trademarks for goods
- certification trademarks
- defensive trademarks
- parts of marks
- series of marks.
The International Classification of Goods is applied. A separate application is required for each class of goods. There is no provision for services.
An application for registration of a trademark is made to the Registrar in the prescribed manner for registration either in Part A or B of the register.
The following information and documents are required:
- full particulars of the applicant
- list of goods
- representation of the mark
- power of attorney (simply signed)
- certified copy of the basic application (if priority is claimed), together with translation (if applicable).
Examination takes place as to inherent registrability and conflict with prior registrations or pending applications. Once examined and accepted, whether absolutely or subject to conditions or limitations, the application is advertised for opposition purposes. Should there be no opposition, the application proceeds to registration.
Once a trade mark application has been advertised for opposition purposes in the Trade Mark Journal, any person can oppose the application within two months of the date of advertisement. This deadline is not extendable.
Duration and renewal
The duration of a trade mark registration is seven years, but it may be renewed for further periods of 14 years from the date of the original registration. The proprietor of the trade mark must apply for the renewal within six months of the expiration of the last registration period. If no renewal fee has been paid at the date of expiration, the Registrar will advertise this fact in the Journal. The proprietor then has one month within which to effect the renewal, by payment of the renewal and penalty fees.
If the renewal fee is not paid, the Registrar may remove the mark from the register. The proprietor may apply for restoration in the manner prescribed.
Assignments are possible and a registered trade mark is assignable with or without the goodwill of the business.
Requirements for recordal:
- power of attorney by the assignee (simply signed)
- deed of assignment.