What to Expect After Trademark Registration?

Validity Period and Renewals

• A trademark registration in South Africa is valid for 10 years from the date of application.
• To maintain the registration, you must renew it every 10 years by paying the prescribed renewal fees.
• If you fail to renew within the prescribed time, your trademark registration will lapse and become vulnerable to cancellation.

Use Requirements

• There is no requirement to prove the use of the trademark before registration.
• However, if your registered trademark is not used for a continuous period of 5 years from the registration date, it may become vulnerable to cancellation by third parties on grounds of non-use.
• To avoid this, it’s advisable to continuously use your registered trademark on the goods/services it covers.

Enforcement and Exclusivity

• Once registered, you gain exclusive rights to use that trademark, and legal grounds to take action against any unauthorised use or infringement by others.
• You can use the ® symbol to give public notice of your registered trademark rights.
• Registration makes it easier to enforce your rights compared to relying solely on common law rights for an unregistered mark.

Monitoring and Policing

• It’s recommended to actively monitor the market and take action against any potential infringements of your registered mark.
• Failure to police your trademark rights could weaken your ability to prevent others from using confusingly similar marks over time.

Citations:
[1]https://www.thesmallbusinesssite.co.za/the-how-where-and-what-of-trade-mark-registration-for-smmes-in-south-africa-part-3-what-happens-after-the-initial-trade-mark-application-process/

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