Top 10 tips on how to reduce your South African trademark cost

Tip 1 – check whether your brand is registrable

Don’t commit to a brand only to find out in a year”s time that you won’t be able to register / use it.

First do a search. S&Z provides a free identical trademark search tool.

Tip 2 – start by protecting only the basics

Although, you can register:

• a Word mark (e.g. “NIKE”);
• a logo (e.g. the Nike Swoosh; and
• a pay-off line (e.g. Nike’s memorable “Welcome to Bracketville. Stay as long as you can”),

we suggest starting by registering only the Word mark.

(For some fun, see these unusual trademarks – not everyone gets it right first time)

Tip 3 – be thrifty when selecting classes

You can register your trademark in up to 45 classes. That would be excessive, expensive and wasteful.

You can always add more classes later. Start by registering your trademark only in the class in which your existing product falls. One trademark registration in the right class is often all you need.

Tip 4 – file trademarks online

The TM Direct system is perfect for general law firms that wish to file trademarks for clients.

Applicants can also easily file South African trademarks using the GlobalIPCo online trademark filing system.

Tip 5 – delay foreign trademark filings

As with logos, payoff lines and additional classes, there is no rush to extend your trademark to other countries until you start trading there.

Foreign trademarks are comparatively expensive and, following registration, you are generally required to show use in those countries. Ignore the pressure to extend the trademark during the 6 month priority period. It is very short and creates a false sense of urgency. Relax, and file foreign trademarks when you need to do so.

Tip 6 – take photos of your product and file a design

Whereas a trademark protects your brand, a design registration protects the look of your product.

Designs are cheap, easy and quick to register.

We suggest that you take photos of your product and easily register the design using the GlobalIPCo system. Then, extend the design to Europe, covering all EU countries for 25 years.

Tip 7 – choose a suitable trademark firm to advise you on your trademark strategy

Although you can easily do everything yourself without the help of a trademark attorney, should you wish to engage a trademark attorney (especially to handle your foreign trademarks), prefer firms that offer fixed pricing from filing to grant and be mindful of upselling. Remember that, in most cases, a single trademark is sufficient.

See our top 10 South African trademark firms.

Tip 8 – Keep Africa affordable

Africa is our home continent. Of all Continents, it has the second largest population and the fastest population growth.

The GlobalIPCo system has significantly reduced the cost of Nigerian and OAPI trademarks, covering a total of 19 African countries. Also consider a SANi combination trademark, which combines South African and Nigerian trademarks.

Tip 9 – renew trademarks yourself

Our online renewal system manages trademark renewals worldwide. For example, a 10-year renewal of a South African trademark should cost about R1,295. You are not required to renew trademarks through the firm that filed the trademark.

Tip 10 – Review and cull your trademark portfolio

If sales of your product does not warrant the cost of trademark renewals, let your trademark registration lapse. Also, don’t let your logo trademark registration prevent you from updating your logo; rather keep your brand fresh.

Also see: How to reduce your South African patent cost.