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Departmental Objectives
- To process, register and maintain all new trade mark applications within acceptable time frames
- To maintain acceptable standards of relationship with all relevant stakeholders both nationally and internationally
- To benchmark processes and standards with other offices
- To provide acceptable standards of service to all stakeholders (trade mark holders)
- To ensure divisional targets and outputs are aligned with organisational objectives
- To create a common interface between the division and other divisions within the organisation
History of the Department
The establishment of CIPRO as a trading entity on 4 March 2002 brought together the South African Companies Registration Office (SACRO) and the South African Patents and Trade Marks Office (SAPTO), both former directorates of the
dti.
Both SACRO and SAPTO had been operative in South Africa since 1916 – almost 100 years.
Within the newly established CIPRO, the Intellectual Property Division was established, and functioned as one division until February 2007, when it was divided into the Trade Marks Division on the one hand, and the Patents, Designs and Copyright Division on the other hand.
From 1 May 2011, and in terms of the Companies Act, Act 71 of 2008, the Companies and Intellectual Property Commission (CIPC) was established. Within the CIPC, the Trade Marks Department continues to exist as a separate functioning division, and continues to perform the same functions as it had done under SAPTO, as well as under CIPRO.
Functions of the Trade Marks Department
The Trade Marks Department provides a broad spectrum of trade mark registration services, which are grouped under the following categories:-
New Applications Section
- To ensure all new trade mark applications are billed in accordance with the current fee structure and that sufficient funds are available for the transaction
- To allocate official application numbers to new trade mark applications
- To capture all new trade mark applications received in the electronic register
- To scan the devices of the new trade mark applications
- To open prosecution files for each new trade mark application
- To assist applicants with any queries pertaining to the above
- To ensure all formal requirements in respect of the lodging of new trade mark applications have been met
Coding and Search Section
- To code all new trade mark applications in accordance with the Vienna Classification (international standard)
- To search all new trade mark applications in line with office guidelines and policies
- To conduct special searches and provide official reports in respect thereof
- To assist with queries in relation to special searches
Examination Section
- To examine new trade mark applications in accordance with the provisions of the Trade Marks Act, Trade Mark Regulations, office guidelines and policies
- To apply sound legal principles when evaluating the registrability of new trade mark applications
- To issue official actions in respect of trade mark applications
- To provide written reasons of actions as and when requested by applicants
- To assist applicants with queries in relation to the registrability of trade marks
- To conduct ex parte hearings in relation to trade mark applications
- To administer the court roll of the Tribunal of the Registrar of Trade Marks in relation to ex parte, interlocutory and formal hearings
- To develop training manuals and process documentation for the effective functioning of the section
- To assist with the preparation of judgments in respect of formal hearings
- To align examination practices with acceptable international standards
Maintenance Section
- To ensure all transactions are billed in accordance with the current fee structure and that sufficient funds are available for the transaction
- To record all changes in respect of pending and registered trade marks as applied for by applicants
- To record all changes in the electronic register as well as the prosecution file/s
- To provide the applicant with a confirmation of the amendment
- To assist applicants with queries in relation to the above
Acceptances Section
- To ensure all transactions are billed in accordance with the current fee structure and that sufficient funds are available for the transaction
- To issue notices of acceptance in respect of trade marks applications
- To update the electronic register with regard to the status of the trade mark applications
- To assist applicants with queries in relation to the above
Opposition Section
- To ensure all transactions are billed in accordance with the current fee structure and that sufficient funds are available for the transaction
- To record and administer oppositions lodged against trade mark applications that have been published
- To update the electronic register with regard to the status of the trade mark applications under opposition
- To assist applicants with queries in relation to the above
Certificate Section
- To register all trade mark applications that are not under opposition or where the opposition term has expired
- To update the electronic register with regard to the status of the trade mark applications
- To assist applicants with queries in relation to the above
Renewal Section
- To ensure all transactions are billed in accordance with the current fee structure and that sufficient funds are available for the transaction
- To record the renewal of all registered trade marks when applied for by the proprietors
- To update the electronic register with regard to the status of the trade mark registrations
- To assist applicants with queries in relation to the above
Correspondence Section
- To ensure that all incoming correspondence in relation to trade marks are placed in the applicable prosecution file
- To ensure that the prosecution files are delivered to the correct sections that are required to deal with the correspondence
- To obtain files required for
- To assist applicants with queries in relation to the above
Staff compliment: 78
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