Swaziland

General Information

• Capital: Mbabane
• Population: 985 330
• Area: 17 364 km2
• Languages: English, Swazi - official languages
• Exports: Soft drink concentrates; sugar; wood pulp; cotton yarn; citrus and canned fruit
• Imports: Motor vehicles; machinery; transport equipment; foodstuffs; petroleum products; chemicals
• Currency: Lilangeni

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Madrid Agreement, Madrid Protocol, Signatory to the Trade Mark Law Treaty, Berne Union, Hague Convention, member of ARIPO.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Six prints of the trade mark - device marks.

Classification

International classification of goods and services. A single application may cover more than one class.

Procedure

Applications are examined as to inherent registrability and conflict with prior registrations/pending applications.

Opposition

Opposition may be lodged within two months following the date of advertisement of the trade mark application. Extension of this initial term is readily obtainable.

Use

A cancellation action may be brought when a registered mark has not been used for a continuous period of three years, preceding one month before the date of the request for cancellation, provided no such action may be brought within five years from the date of registration, which is deemed to be the filing date.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods provided a statement of use is submitted.

Licensing/Registered Users

Licensing is recognised. Recordation of the registered user agreement is required to be effective against third parties.

Requirements

(a) Registered user agreement;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill of the business.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

There are individual requirements for various categories of goods. Follow importer’s instructions or specific contract specifications.

Patents

General

A granted UK patent automatically extends to Swaziland. It is also still possible to register a granted South African patent in Swaziland. Swaziland is a member of the International Convention, WTO, PCT and ARIPO. Draft legislation has existed for a number of years implementing PCT and ARIPO but this has not been promulgated yet. Regulations under the new legislation have also not been published.

Patentable Subject Matter

Only the owner of a South African patent may currently apply for a patent.

Filing Requirements

Neither legalization nor notarisation is required. A certified copy of the granted South African patent is needed.

Novelty

Application may be made at any time during the life of the South African patent.

Examination

Examination is restricted to form only.

Duration/Maintenance

A patent will remain in force for the period for which the South African patent remains in force, subject to the payment of renewal fees on the anniversary of the filing date in South Africa, and subject to the South African patent being kept in force.

Working

The invention must be worked in Swaziland so that it satisfies the reasonable requirements of the public. Failure to do so can lay the patent open to an application by an interested party for a compulsory licence.

Marking

Marking is advisable.

Licences/Assignments

Licences may be recorded. A Swaziland patent may be assigned only to the assignee of the corresponding South African patent and the assignment must be recorded.