eSwatini

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

eSwatini (previously Swaziland) is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Although eSwatini is a signatory to the Madrid System it has not amended its national legislation to give effect to the provisions of the Madrid system and it is therefore questionable whether international registrations designating eSwatini are enforceable in eSwatini.

Classification

eSwatini follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in eSwatini.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes
ARIPO
No
MADRID
Yes
PARIS CONVENTION
Yes
PCT
At present, patent protection is available by way of the extension of a United Kingdom granted patent, and the registration of a South African granted patent, while the validity of an application via ARIPO is uncertain.

OAPI

ARIPO

International Arrangements

Paris Convention;
ARIPO (Harare Protocol) *;
PCT**; and
WTO/TRIPS.

*Not yet implemented

**Currently no provision is made for filings under the PCT

Types of Patents

Patents of invention.

Novelty Requirements

National legislation is silent regarding novelty requirements.

 

Grace Period/Prior knowledge

N/A

Examination procedure

Patent applications are examined as to compliance with formal requirement.

Duration & Maintenance

A patent registered based on a granted South African patent will remain in force for the period for which the South African patent remains in force, subject to the payment of renewal fees, and subject to the South African patent being renewed.

The extension of a UK patent remains in force as long as the UK patent remains in force.

Working Requirement

No provision.

Design

Forms part of

Yes
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention;
WIPO;
WTO / TRIPS; and
ARIPO (Harare Protocol)

Types of Designs

Functional & Aesthetic Designs

Classification

No provision

Novelty Requirements

No provision

Grace Period/Prior knowledge

No provision

Examination procedure

Design applications are examined as to compliance with formal requirements only; i.e. the novelty of the design is not assessed.

Duration & Maintenance

South African registered designs registered in Swaziland are valid for the duration of the South African design, subject to the payment of renewal fees, and subject to the South African design being renewed. The extension of a UK registration remains in force as long as the UK registration is in force.

Working requirement

No provisions.