# Trademark registration in Eswatini

> Trademarks in Eswatini are registered with the Intellectual Property Office, Ministry of Commerce, Industry and Trade; third parties can oppose within 3 months from advertisement in the Official Gazette. A registration lasts 10 years from the filing date and can be renewed. Eswatini can be designated through the Madrid System.

Source page: https://trademarkshub.com/trademarks/eswatini
Facts checked against official sources: 2026-10-11

## Key facts
- **Trademark office:** Intellectual Property Office, Ministry of Commerce, Industry and Trade
- **Madrid Protocol:** Member since 1998
- **Opposition period:** 3 months from advertisement in the Official Gazette
- **Protection:** 10 years from the filing date, renewable
- **Multi-class applications:** Allowed
- **Foreign applicants:** Under section 21 of the Trade Marks Act, 1981, every application must include an address for service in Eswatini and a…

## Official links
- Trademark office: https://www.gov.sz
- Law: Trade Marks Act, 1981 (Act No. 6 of 1981) — https://www.wipo.int/wipolex/en/legislation/details/3795
- Law: Trade Marks Regulations, 1989 — https://www.wipo.int/wipolex/en/legislation/details/3799

## Steps
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:** The Intellectual Property Office examines formalities, inherent registrability and conflicts with prior marks; no official examination time is stated.
- **Publication:** Official Gazette
- **Opposition:** 3 months from advertisement in the Official Gazette (extendable by the Registrar)
- **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
- **Use requirement:** a registration can be challenged after 3 years of non-use.

## Good to know
- 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.

## FAQ
### Is Eswatini part of the Madrid Protocol?
Yes. The Madrid Protocol has been in force for Eswatini since 14 December 1998.

### Can I register a trademark in Eswatini through ARIPO?
Yes. Eswatini is party to the ARIPO Banjul Protocol on Marks, so an ARIPO application can designate it.

### How long is the trademark opposition period in Eswatini?
Three months from advertisement in the Official Gazette, which the Registrar can extend.

### Do I need a local agent to register a trademark in Eswatini?
Yes for foreign applicants. The Trade Marks Act requires an address for service in Eswatini and a power of attorney in favour of a trade mark agent resident and practising there.

### How long does a trademark last in Eswatini?
Ten years from the date the application was received, renewable; on renewal the owner must show use of the mark in Eswatini during the previous three years or special circumstances.

## Sources
- WIPO Lex – Eswatini profile: https://www.wipo.int/wipolex/en/members/profile/SZ
- ARIPO – Eswatini Trade Marks Act, 1981 (member state laws): https://aripo.org/storage/resources-member-state-laws/1730138120_sz004en_1.pdf
- WIPO Lex – Trade Marks Act, 1981: https://www.wipo.int/wipolex/en/legislation/details/3795
- WIPO Lex – Trade Marks Regulations, 1989: https://www.wipo.int/wipolex/en/legislation/details/3799
- WIPO – Eswatini IP office contact: https://www.wipo.int/en/web/country-profiles/contact?code=sz
- WIPO Lex – Madrid Protocol contracting parties: https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=8
- ARIPO – Trademarks (Banjul Protocol member states): https://www.aripo.org/ip-services/trademarks
- EU IP Helpdesk – Eswatini IP factsheet: https://intellectual-property-helpdesk.ec.europa.eu/system/files/2021-10/ESWATINI.pdf

Need a firm that files in Eswatini? Find one at https://trademarkshub.com/trademarks/eswatini (TrademarksHub lists IP firms by country; featured placements are paid and labelled).
General information, not legal advice.