Amendments

Amendments Before Registration

Requests for amendments before registration must be applied for on form TM2, unless it is otherwise specified in the Regulations, and a fee of R19.00 for each trade mark is payable.

* For example, an assignment of an application has to be requested on form TM6 and a fee of R150.00 for the first trade mark and R26.00 for each trade mark thereafter is payable.

Amendment of Trade Mark applications

Alteration of trade mark

If you wish to alter the trade mark as lodged, you will not be allowed to change it to such an extent that the change will substantially alter the identity of the mark as originally lodged. The Registrar may allow any such amendments of the mark as he/she may think fit as long as the identity of the mark as originally lodged is not changed substantially by way of the requested amendment.

Other amendments

  • Amendments of goods and/or services
  • Change of address for service*
    * Form TM2 to be accompanied by a Power of Attorney or a General Power of Attorney (GPA) or the number of an existing GPA
  • Change of physical address of the applicant
  • Change of Name of the applicant **
    ** Form TM2 to be accompanied by a copy of the Certificate of Change of Name from the Commissioner of Companies where applicable
  • Correction of clerical error
  • Dissolution of Association
  • Request by the applicant to enter an endorsement ***
    *** Form TM2 and fee of R26.00 for each trade mark
  • Certified extract from the Register of Trade Marks - a fee of R34.00 per trade mark is payable
  • Association between trade marks - a fee of R5.00 per association is payable

Substitution of applicants

(Sections 39 and 46(2) of Trade Marks Act 194 of 1993 ):

Any person may apply on form TM6 for the substitution of an applicant in respect of a trade mark which is the subject of a pending application for registration. Applicable fees are exactly the same as for an assignment except no penalty fees are payable, nor will a formal certificate be issued as confirmation of the substitution.


Amendments After Registration

The requests for amendments after registration must be applied for on form TM2, unless it is otherwise specified in the Regulations* and a fee of R19.00 is payable.

* For example, an assignment (change of ownership of a trade mark) of a trade mark has to be requested on Form TM6 and a fee of R150.00 for the first trade mark and R26.00 for each trade mark thereafter, is payable.

Trade mark alteration in terms of section 25

If you wish to amend the trade mark as registered, you will not be allowed to change it to such an extent that the change will substantially alter the identity of the mark as originally registered. The Registrar may allow any such amendments of the mark as he/she may think fit as long the identity of the mark as originally registered is not changed substantially by way of the requested amendment.

  • Complete a form TM2, requesting the amendment of the mark, and furnish two copies of the mark as it will appear when altered. Before recording the requested amendment of the mark, the Registrar shall direct that the request for amendment of the mark be advertised in the Patent Journal in order to allow any person who wishes to object to the amendment to do so within three months after the publication of the proposed amendment
  • The fee payable for any alterations to a registered trade mark is R100.00.

Other amendments

  • Amendments of goods and/or services
  • Change of address for service**
    ** Form TM2 to be accompanied by Power of Attorney or a General Power of Attorney (GPA) or the number of an existing GPA
  • Change of physical address of the applicant
  • Change of Name of the applicant ***
    *** Form TM2 to be accompanied by a copy of the Certificate of Change of Name from the Commissioner of Companies where applicable
  • Correction of clerical error
  • Dissolution of Association
  • Request by the applicant to enter an endorsement ****
    **** Form TM2 and fee of R26.00 for each trade mark
  • Certified extract from the Register of Trade Marks - a fee of R34.00 per trade mark
  • Association between trade marks - a fee of R5.00 per association

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