What Happens if my Trademark is Opposed During the Registration Process?

If your trademark application is opposed during the registration process in South Africa, here is typically what happens:

1. Opposition Period After your trademark application is examined and accepted by the Companies and Intellectual Property Commission (CIPC), it is published in the Patent Journal for opposition purposes. Any interested party then has 3 months from the publication date to file a notice of opposition against your mark.
2. Notice of Opposition If an opposition is filed within that 3-month window, you will be served with a Notice of Opposition. This document outlines the grounds and reasons why the opposing party believes your trademark should not be registered.
3. Responding to Opposition You must file a Counter-Statement or Notice of Intention to Defend within 2 months of receiving the Notice of Opposition. Failure to respond will result in your application being considered abandoned.
4. Evidence and Arguments If you defend against the opposition, both parties then get an opportunity to file evidence and arguments supporting their respective positions through a series of alternating deadlines set by the CIPC.
5. Hearing After all evidence is filed, the matter may proceed to a hearing before the CIPC Registrar, where both sides can present their case. The Registrar acts in a quasi-judicial capacity.
6. Decision The Registrar will then decide whether to uphold the opposition and refuse your trademark registration, or dismiss the opposition and allow your mark to proceed to registration.
7. Appeals If either party is dissatisfied with the Registrar’s decision, they can appeal to the High Court within 3 months.

So in summary, if opposed, you must actively defend your trademark application by filing counter-arguments and evidence through the opposition proceedings at the CIPC. Failure to do so will likely result in your mark being refused registration.

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