Can a Trademark Application be Challenged in South Africa?

Opposition to a trademark application can be based on the following reasons:

• ownership rights


• the mark is too descriptive


• the mark lacks distinctiveness


• the mark is misleading, deceptive, or offensive


• filed in bad faith


• copyright infringement


• famous or well-known mark


• the mark is the same as an already registered trademark of someone else


• the mark is the same as an earlier application by someone else


• the mark is the same as a well-known trademark in South Africa


• the applicant cannot show a legitimate claim to ownership or a real intention to use the mark


• the mark includes a symbol that is commonly used in the trade or in the current business language


• the mark includes a national flag or official emblem of the Republic, another country, or an international organization