A registered trademark can become one of a business’s most valuable assets, helping customers identify its services or products and distinguish them from competitors. Registration, however, is not something business owners should simply complete and forget about. So, how long does a trademark last in South Africa, and what do you need to do to keep your trademark protected?
A registered trademark in South Africa lasts for 10 years from the application date, and you can renew it indefinitely for further 10-year periods. However, owners must renew it on time and genuinely use their trademark to maintain effective protection.
Unlike some forms of intellectual property protection, a registered trademark does not have to expire permanently after a fixed number of years. Provided the registration is properly maintained and renewed, trademark protection can potentially continue indefinitely. Below, we answer how long a trademark lasts in South Africa, explain the renewal process, and look at why simply renewing a trademark may not always be enough to protect your rights.
How Long Does A Trademark Last?
Before registering a trademark, it is useful to understand exactly how long the resulting protection can continue. For businesses building a brand for the long term, the answer is particularly encouraging.
A Registered Trademark Lasts For 10 Years
Under section 37 of the Trade Marks Act 194 of 1993, a South African trademark registration lasts for 10 years and can then be renewed for subsequent periods of 10 years. CIPC explains that the renewal date is calculated from the date of application.
Importantly, this does not mean your protection must end after the first decade.
A Trademark Can Potentially Last Forever
You can renew a registered trademark indefinitely in successive 10-year periods, provided you meet the applicable renewal requirements. In practice, a trademark that remains valuable to a business could therefore be protected for decades—or potentially indefinitely.
This makes trademarks particularly valuable business assets. A brand can continue to develop goodwill and recognition over many years without its registered trademark protection automatically ending after a predetermined maximum lifespan.
When Do You Need To Renew A Trademark?
Knowing how long a trademark lasts in South Africa is only the first step. Trademark owners also need to keep track of when their registration is due for renewal.
Renewal Takes Place Every 10 Years
CIPC states that trademarks must be renewed every 10 years. It also indicates that you will receive a renewal reminder, sent to the email address associated with the relevant customer profile at least six months before expiry.
However, responsibility ultimately rests with the trademark proprietor to ensure that the registration does not expire. Businesses should therefore maintain accurate records of their trademarks and renewal dates rather than relying solely on reminders.
What Happens If You Miss The Renewal Date?
Missing a renewal deadline does not necessarily mean that all is immediately lost. CIPC provides mechanisms for late renewal and restoration, although additional fees could apply depending on how much time has passed.
Allowing a registration to lapse can nevertheless create unnecessary risk, expense and administrative complications. Monitoring renewal dates well in advance is therefore an important part of managing a trademark portfolio.
Does Renewing Your Trademark Guarantee Continued Protection?
Renewal is essential, but there is another important aspect of maintaining trademark rights that business owners should understand. A registered trademark is intended to be genuinely used in trade.
You Need To Use Your Trademark
Under section 27 of the Trade Marks Act, a registered trademark may potentially be removed from the register on grounds of non-use.
One relevant ground arises where there has been no bona fide use of the registered trademark in relation to the relevant goods or services for a continuous period of five years or longer, calculated in accordance with the requirements of the Act.
The courts have repeatedly recognised that the trademark register is intended to contain marks that are genuinely used, rather than simply providing owners with a means of reserving marks they do not use.
Keep Evidence Of Genuine Use
Businesses should retain appropriate records demonstrating how they use their registered trademarks commercially. Depending on the circumstances, useful evidence could include packaging, invoices, advertising material, websites and other records showing genuine use of the mark in connection with the registered goods or services.
This can become particularly important if another party applies to have a trademark removed from the register based on non-use.
Why Is Trademark Renewal Important?
For an established business, allowing a valuable trademark registration to expire can expose a brand to unnecessary risk. Maintaining the registration helps preserve the legal protection built around the brand.
Protecting Your Brand Identity
A registered trademark provides its proprietor with statutory rights in relation to the mark for the goods or services covered by the registration. CIPC notes that registration gives the owner the exclusive right to use the mark, subject to the scope and provisions of trademark law.
Renewing a commercially important trademark helps ensure these registered rights continue, rather than allowing valuable protection to lapse unnecessarily.
Protecting A Valuable Business Asset
A trademark may represent considerably more than a business name or logo. Over time, customers can associate it with a particular reputation, standard of service or product.
As the business grows, the trademark itself can therefore become a valuable intellectual property asset. Keeping important registrations current should form part of a broader strategy for protecting that value.
What Else Should Trademark Owners Review?
Understanding how long a trademark lasts in South Africa also creates a useful opportunity to consider whether your existing registrations still reflect the business you operate today.
Has Your Business Expanded?
Businesses often change significantly over 10 years. You may have introduced new products, entered different markets or started offering additional services that were not contemplated when the original trademark application was filed.
Because trademarks are registered in relation to particular goods and services, it may be worth reviewing whether your existing registrations still provide appropriate protection for your current commercial activities.
Have Your Brand Details Changed?
Businesses can also rebrand, adopt new logos or develop additional brand names over time. A trademark portfolio that was appropriate several years ago may therefore no longer reflect all of the intellectual property that needs protection. A periodic trademark review can help identify gaps before they become a problem.
So, how long does a trademark last in South Africa? A registered trademark has an initial 10-year registration period and can be renewed indefinitely for further 10-year periods.
Long-term protection, however, requires active management. Trademark owners should monitor renewal dates, ensure their marks remain genuinely used, and periodically review whether their registrations continue to reflect their products, services and evolving brand. Taking these steps can help protect the identity and commercial value a business has worked hard to build.
At Burnett Attorneys & Notaries, we assist businesses and individuals with protecting their brands through trademark registration and ongoing trademark management. Whether you need assistance with a new application, an upcoming renewal, or advice about the scope and status of an existing trademark, our team can provide clear, practical guidance tailored to your circumstances. Contact us to arrange a consultation.