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10 years from the application date, which can be renewed indefinitely for
subsequent 10 years periods upon payment of a renewal fee in the last 6 months
of the registration (or 6 months after the expiry date upon payment of
additional fees)
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A Renewal Reminder will be sent to the proprietor by the Office,
six months before the expiry date. The proprietor of the registration however,
also has a duty to ensure that the registration does not expire.
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Complete a form
TM 5 form in duplicate. with payment of
R260.00 fees on or before the expiry date.
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If the renewal is filed within six months after the expiry date, a further
penalty fee of R48.00 is payable.
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If the renewal is filed later than six months after the expiry date the
additional penalty is
R145.00 + R260.00
NB:
Notify the Office if any details like the Proprietor's name and address or
address for service/postal address have changed!
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In case you did not pay your renewal fees within the prescribed time, your
trade mark will lapse and will be removed from the Register.
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If you wish to re-instate your lapsed (removed) trade mark, you will have to
follow a restoration procedure as provided by The Act
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Complete a
TM 2 form with proof of payment of R190.00 per class
and / or trade mark for a Special Search to find out if another person has
perhaps applied for the same or similar trade mark in the period whilst
your trade mark was lapsed.
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If no prior mark was filed, complete a
TM 5 form and pay the restoration fee of R405.00
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A Statement of Case or an Affidavit has to be attached to the application
explaining why the renewal fees have not been paid on time.
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Once the restoration application has been processed, a notice for
publication in the Patent Journal will be sent to the proprietor. Please note
that the responsibility for publishing that notice rests on the proprietor of
the trade mark.
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If no opposition is lodged within three months, the restoration will
be finalised.
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