Opposition to trade mark registration – South Africa

Who may oppose an application?

After the advertisement of acceptance of a trade mark application in the Patent Journal, any interested person may, within three months of the date of advertisement, oppose its registration.

Extension of opposition term

It is possible to obtain an initial extension of the opposition term of three months. Further extensions can only be obtained with the consent of the applicant.

Opposition proceedings

• The notice of opposition is accompanied by a founding affidavit containing the evidence on which the opposition is based;
• The applicant for registration (respondent) then has one month within which to notify the opponent as to whether or not he intends to defend the opposition;
• Within three months of notifying the opponent of his intention to oppose, the respondent must deliver an answering affidavit together with supporting evidence;
• The opponent then has one month to deliver a replying affidavit;
• The matter is thereafter set down for hearing at the Trade Marks Office and heard by the Registrar, who enjoys powers equivalent to those of a judge of the High Court.