Trademarks Law in Eswatini
Here is a comprehensive overview of Trademark Law in Eswatini:
Trademark Law in Eswatini
Trademark protection in Eswatini is governed by the Trade Marks Act of 1981 (Act No. 6 of 1981) and the Trade Marks Regulations of 1989. The Intellectual Property Office, under the Ministry of Commerce, Industry and Trade, is responsible for administering trademark registrations in the country.
Key Features of Trademark Law in Eswatini
1. Definition of a Trademark
A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others. This includes:
Words, including personal names
Designs, letters, numerals
Shapes of goods or their packaging
Combinations of colors
Sounds, and other non-traditional marks
2. Registration System
First-to-file principle: Trademark rights are acquired through registration, not use.
Multi-class filing system: A single application can cover multiple classes of goods or services.
Nice Classification: Eswatini follows the 10th edition of the Nice Classification for goods and services.
3. Registration Process
The trademark registration process in Eswatini typically takes approximately three months and consists of the following steps:
Filing of Application: Submit the application to the Intellectual Property Office.
Filing Receipt: Upon receipt of the application, a filing receipt is issued.
Notice of Acceptance or Objection: After a period of four to eight weeks, the application is examined, and a notice of acceptance or objection is issued.
Publication in the Trademarks Gazette: Accepted applications are published in the official gazette.
Application for Registration Certificate: If no opposition is filed, a registration certificate is issued.
4. Opposition Period
Once the application is published in the Trademarks Gazette, third parties have a three-month period to oppose the registration. The Registrar may grant an extension of this period at their discretion.
5. Duration and Renewal
Initial Protection: Trademark registrations are valid for 10 years from the filing date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods.
Non-use Cancellation: A registered trademark may be subject to cancellation if it has not been used for three consecutive years after the date of registration.
6. International Treaties
Paris Convention: Eswatini is a member of the Paris Convention for the Protection of Industrial Property.
Madrid Protocol: Eswatini is a signatory to the Madrid Protocol; however, it has not yet amended its national legislation to give effect to the provisions of the Madrid system. As a result, international registrations designating Eswatini may not be enforceable in the country.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act of 1981 |
| Registration Authority | Intellectual Property Office under the Ministry of Commerce, Industry and Trade |
| Duration | 10 years from filing, renewable every 10 years |
| Opposition Period | 3 months from publication |
| Non-use Cancellation | After 3 consecutive years of non-use |
| International Treaties | Paris Convention, Madrid Protocol (not yet fully implemented) |
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