Trademark registration in Eswatini

The trademark office and official links

Trademarks in Eswatini are registered by the Intellectual Property Office, Ministry of Commerce, Industry and Trade.

• Trademark office: Intellectual Property Office, Ministry of Commerce, Industry and Trade
• Law: Trade Marks Act, 1981 (Act No. 6 of 1981)
• Law: Trade Marks Regulations, 1989

Official fees in Eswatini

The office does not publish an up-to-date fee schedule we could verify. Ask firms that cover Eswatini for a quote that shows official and professional fees separately — post a request or compare packages.

How to register a trademark in Eswatini

1. Appoint a trade mark agent resident and practising in Eswatini; every application must give an address for service in Eswatini and include a power of attorney in favour of that agent.
2. File the application with the Intellectual Property Office, listing goods and services in one or more classes of the International (Nice) Classification.
3. The office examines formalities, inherent registrability and conflicts with earlier registrations and pending applications.
4. Accepted applications are advertised in the Official Gazette.
5. Third parties may oppose within three months of advertisement, which the Registrar may extend.
6. If there is no opposition, the mark is registered as of the date the application was received.

Examination, publication and opposition

• Examination: The Intellectual Property Office examines formalities, inherent registrability and conflicts with prior marks; no official examination time is stated.
• Publication: Official Gazette
• Opposition period: 3 months from advertisement in the Official Gazette (extendable by the Registrar)

Protection, renewal and use

• Term: 10 years from the filing date, renewable.
• Use requirement: a registration can be challenged after 3 years of non-use.
• Rights system: first to file.

Filing from abroad

• Local agent: Under section 21(2)(e) of the Trade Marks Act, 1981, every application must include an address for service in Eswatini and a power of attorney in favour of a trade mark agent resident and practising in Eswatini. A 2021 EU factsheet describes the agent as required for foreign applicants and optional for local ones.
• Power of attorney: A power of attorney in favour of a trade mark agent resident and practising in Eswatini must accompany the application (section 21(2)(e)); notarisation or legalisation requirements were not verified.
• Language: English

Firms on TrademarksHub that cover Eswatini can act as your local agent — see firms.

Madrid Protocol

Eswatini is a member of the Madrid System (in force since 1998). You can designate it in an international application filed through your home office, or file a national application directly. A local firm can advise which route is cheaper for your classes and timeline.

Trademark classes

Nice Classification (45 classes). One application can cover several classes. Not sure which classes you need? See all 45 classes or classes by business type.

How Eswatini compares

• Opposition: 3 months from advertisement in the Official Gazette (extendable by the Registrar) — compare all countries
• Renewal: every 10 years — compare all countries
• Foreign owners: required — rules in every country

Guides: registering in any country · costs by country · Madrid

Good to know in Eswatini

• Eswatini can be covered by a national filing, a Madrid designation (in force since 14 December 1998), or an ARIPO application under the Banjul Protocol designating Eswatini.
• To renew, the owner must show bona fide use of the mark in Eswatini during the three years before expiry, or special circumstances that excuse non-use (section 29(2)).
• A registered mark can be removed after three years or more of non-use, but non-use within five years of registration is disregarded (section 34(2)).
• The 10-year term runs from the date the application was received, which the Act deems to be the registration date (sections 28(1) and 29(1)).
• Official fees may be paid in South African rand or Swazi lilangeni.

Questions