HOW TO REGISTER A TRADE MARK
For more information on ARIPO Trade Mark Registrations click here.
1. The requirements for filing applications in Swaziland are as follows:
- Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
- List of goods and/ or services.
- A simply signed power of attorney - No legalisation and/ or notarisation is required.
- If priority is claimed: a certified copy of home application/ registration together with sworn translation thereof if not in English.
- Representation of the mark, preferably in electronic format if it is a device/logo/stylised mark.
- The 45 classes of the International Classification (Nice Agreement) are followed.
- Multi-Class. Several classes may be covered in a single application.
- Duration: 10 years from date of application and renewable for further periods of 10 years.
- Use: Non-use by owner or licensee for a continuous period of 3 years from filing, may render a mark vulnerable to expungement upon request by a third party.
- Marking: Advised.
- Licenses: Permitted.
- Collective marks: Not provided for.
- Assignments: Permitted.
4. Costs USD
- Application: 1st trade mark application/1st class $699.00; each additional class $81.00; each additional trade mark application $563.00.
- Registration: 1st trade mark application/1st class $341.00, each additional class $217.00, each additional trade mark application $240.00.
- Assignment: First trade mark $443.00, additional trade marks filed simultaneously $236.00 each, preparation of documents $171.00.
- Recordal of change of name: First trade mark $307.00, additional trade marks filed simultaneously $176.00.
- Recordal of change of address or change of address for service: First trade mark $246.00, additional trade marks filed simultaneously $130.00 each.
- Licences: First trade mark $451.00, additional trade marks filed simultaneously $198.00 each, preparation of statement of case $97.00; preparation of registered user documents $377.00.
- Renewal: 1st registration/ 1st class $485.00, each additional class $85.00; each additional registration renewed simultaneously $395.00.
- Search: From $370,00.
* Please note that the application fee covers the filing costs and normal prosecution of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc. and registration.
** Please further note that the above amounts exclude the following up and obtaining of certificates pertaining to renewal, assignment, licences, change of name and change of address.
HOW TO REGISTER A PATENT OR DESIGN
In our experience, it is better to file an ARIPO regional application designating at least Swaziland rather than a national application directly in Swaziland. The main reason for our opinion is that ARIPO is run by WIPO and, accordingly, operates much more efficiently than the Swaziland Patent and Design Offices. Furthermore, the cost of filing an ARIPO application designating only Swaziland is about the same as the cost of filing a national application directly in Swaziland. A further benefit of the ARIPO route is that it is possible to designate other ARIPO member countries by paying additional designation fees at a relatively nominal surcharge.
For more information on ARIPO Patent Registrations click here.
For more information on ARIPO Design Registrations click here.