- African
1. Eswatini is a landlocked country in southern Africa. It is surrounded by South Africa in the north, west and south. It is adjacent to Mozambique in the east. The capital, Mbabane, is divided into four regions. Eswatini is the only country in southern Africa that still prohibits political parties from participating in elections, and one of the few countries in the world that still practices absolute monarchy.
2. The laws of Eswatini to protect trademarks are the Trademark Law of 1981 and the Trademark Regulations of 1989.
3. The Eswatini Trademark Registration Authority is the Eswatini Trademark Registry, and the official language is English.
4. Trademark registration adopts a multi class system based on the principle of prior application.
Eswatini is a party to the Paris Convention, the WIPO Convention and other international intellectual property treaties. It has acceded to the Madrid Agreement and the Madrid Protocol. Therefore, the trademark registration of Eswatini can be applied for through "single country registration" or "Madrid International Registration Designates Eswatini".
The Eswatini trademark is valid for 10 years after registration, and the validity period starts from the application date; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
1. Trademark registration application signed by the applicant or their agent;
2. Four trademark designs;
3. Trademark categories for goods or services, where a trademark application can include multiple categories of goods or services;
4. Contact address in Eswatini;
5. Authorization letter for appointing a trademark agent;
6. Statement indicating that the trademark is being or will be used in Eswatini.
1. After the agent submits the Eswatini trademark application and pays the prescribed fee, the Eswatini Registrar will review the application in accordance with the Eswatini Trademark Law. If the requirements are met, the registrar will accept the application and arrange for it to be published in the official gazette.
If the registrar refuses the application, they will notify the applicant in writing and request the applicant to modify the application, provide a written response, or apply for a hearing within 2 months from the date of receipt of the notification. If the applicant fails to respond within the prescribed time limit, it will be deemed as withdrawal of the application.
3. After being approved for registration, the trademark will be published in the official gazette for a period of 3 months.
4. Anyone may raise an objection to the published trademark during the publication period based on the following reasons: the published trademark does not comply with the provisions of Part 4 of the Trademark Law; The published trademark is identical or similar to the trademark used by others in Eswatini on the same or similar goods or services, which is easy to cause confusion, and the objector must apply for the registration of the trademark used earlier at the same time of raising the objection; The announced trademark is similar to the enterprise name used by others in Eswatini, which is easy to cause confusion; An agent in Eswatini applies for the registration of a published trademark in his own name without the consent of the foreign principal.
After receiving the objection, the registrar will notify the trademark registration applicant, who can file a defense within 2 months. If not defended, it will be deemed as an automatic waiver of the registration application.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. Under smooth conditions, it will take 1 year for Eswatini to register its trademark; If there are objections or rejections encountered midway, the time will be greatly extended.
