An opposition based on an unregistered mark, which has been used prior to the date of the conflicting application, must be filed simultaneously with an application to register the unregistered mark. The exclusive right to a trademark is acquired by registration and trademark registration owners may bring actions for trademark infringement. However, a registrant may not prevent the marketing of products which have been legally introduced for sale directly or by consent into Swaziland, unless the condition of the products has been subsequently modified or impaired. Subsequent use will cure the defect, unless such use is resumed within one month of the date on which the cancellation action was filed. Use is deemed to include application of the mark to goods or services to be exported from Swaziland.
Provision is made for the recordal of registered users.
Unless their agreement provides otherwise, registered users may take action for infringement, if upon request the proprietor refuses or neglects to do so, but they may not assign or sub-license their rights to use a registered mark.