As we have previously reported 这里, the new Trade Marks Act 47 of 2024 (the Act) was published in July 2024. It was recently announced that the Act came into effect on 1 February 2025.

The new Act is more consistent with the legislation that is followed by much of the world, bringing the law more in line with the Paris Convention and TRIPS Agreement. Among the features of the new Act is an expansion of the definition of a ‘sign’ to include colour, three-dimensional shapes, holograms, moving images, sounds, scents, tastes and textures; the adoption of the Nice classification, which will enable service marks to be registered for the first time; and the replacement of the former 14-year renewal term with a 10-year renewal term. The new law creates a robust framework for trade mark registration and enforcement that is fit for purpose and meets modern standards.

It should be noted that the Regulations for the Act (which should contain reference to the procedures, forms and fees) have not yet been published. Until they are published, the Registry has indicated that it will continue to accept new applications and other processes using the forms and fees prescribed by the former Act

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