Registering a trademark
Considerations when registering a trademark
Choice of word mark:
- The strongest trademarks are made up words, such as “PANADO” – it would be difficult for a competitor to motivate why they “need” to use a mark that is similar to this trademark.
- Alternatively, apply an existing word to goods with which the word is typically not associated. For example, BLACKBERRY cellphones, RASPBERRY PI computers, APPLE iPods – these would be terrible trademarks for ice cream, but they are good mark for electronics.
- Or, use a word that creates an image in the mind’s eye. But, do not be descriptive, and never let this trademark become synonymous with the product itself (i.e. become “generic”)
Adding a logo and pay-off line:
If your logo includes your word mark, there is little benefit in registering a separate trademark for the logo.
Territory:
There is no such thing as a “worldwide trademark”. To obtain trademark protection in a country, you must register a trademark in that country. But, we recommend taking advantage of regional trademark registrations for Europe, Northern Africa and Southern Africa.
You need not register all trademarks at the same time. Although, it is preferably to file foreign trademarks within 6 months of filing your first South African trademark, you can delay registering your trademark in other countries for longer … provided no-one else has pipped you in the race to the trademarks office.
Cost:
The cost to:
- conduct a trademark registrability search is R2,500 plus vat. This is optional, but highly recommended;
- file a single South African trademark is R4,090 plus vat; and
- file second (and each subsequent) South African trademark is R2,950 plus vat.
Need some guidance? Call us to discuss your options with a trademark attorney. Alternatively, try the GlobalIPCo system to file South African trademarks for $199.