South Africa (CIPC) trademark application success rates

South Africa, the most industrialized nation on the African continent, serves as a key commercial gateway into the region. In this article we’ll explore South Africa’s trademark registration success over the past five years, offering insights and guidance for applicants navigating the system.

By

Igor Demcak

Trademark protection wherever you need it

Application success rate at South Africa’s CIPC

Between 2019 and 2023, South Africa experienced variable trademark registration outcomes, with success rates ranging from a high of 84.35% to a low of 42.33%, resulting in a 5-year average success rate of 70.03%. While certain years show impressive approval rates, the fluctuations highlight the importance of a well-prepared application.

South Africa’s average success rate of 70.03% places it above major IP Office such as the USPTO (56.91%), and regionally slightly behind top-performing jurisdictions like Rwanda (88.73%) and Morocco (80.24%), and below countries like Egypt (38.64%). Find out more about how this trademark office compares globally in our full report on trademark success rates worldwide.

Country

Office code

Success rate

South Africa

CIPC

70.03%

Rwanda

Rwanda Trade Portal

88.73%

Morocco

OMPIC

80.24%

Egypt

EGPO

38.64%

The United States

USPTO

56.91%

Understanding the variability in South Africa’s success rates

1. Administrative and operational fluctuations

The dramatic drop in 2021 to a 42.33% success rate suggests that administrative delays or procedural backlogs may have significantly affected registration outcomes. Recovery in 2022 and 2023 indicates improved processing efficiency, though consistency remains a concern.

2. Examination standards

CIPC conducts substantive examinations of trademark applications, including analysis of distinctiveness and conflicts with existing marks. However, the quality and speed of examination may vary depending on examiner workloads and systemic factors.

3. Filing volumes and capacity

With over 190,000 applications filed across five years, South Africa handles a high volume of trademark filings relative to the region. This, combined with possible staffing or resource constraints, could contribute to fluctuations in approval rates.

How to maximize your chances of registration success in South Africa

Given the relatively low average success rate of 70.03%, registering a trademark in South Africa requires some preparation and understanding of the procedures. To improve your likelihood of approval, it’s recommended to begin with a comprehensive trademark search to identify any potential conflicts. Ensure that your mark is distinctive and not merely descriptive, and clearly define the goods and services associated with your application.

Partnering with a trademark attorney familiar with the legal landscape can significantly improve your chances. They can help anticipate objections, prepare your application thoroughly, and represent you throughout the process if issues arise.

If you are currently preparing to submit your first trademark application, we’ve put together a detailed guide on how to strengthen your chances of success, with multiple pieces of advice directly from our trademark lawyers with years of experience. You can also take advantage of Trama’s free lawyer’s check to receive expert feedback on your trademark and guidance on the best steps forward.

Igor Demcak
Igor Demcak

Trademark Attorney

Founder of Trama

7 year experience in IP protection

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