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Registration And South African Design Laws
The South African design laws regulate the registration and usage of design marks in South Africa. According to the South African design laws it is illegal to present an article as a registered design or use the words on the item if the article is not registered as a design.
It is recommended that you make use of experienced design and trademark attorneys familiar with the South African design laws to assist the with the registration of a design at CIPRO.
Our attorneys are well qualified, work with design registrations on a daily basis, and are familiar not only with South African, but also internationally related design laws.
Registration Process
The applicant, whether as an individual or company, may use an attorney to file the application or may choose to do so directly. The first step is to search through the Patent Journals for any designs that may be similar and may cause the application to be invalid.
The next step is to conduct a complete novelty search, which is done at CIPRO and to also view various databases to ensure that there are no other similar designs in the same class pending or already in use. Once done, the application forms are completed. There are several forms which should be filled in accurately.
The application must be accompanied by drawings or a photo with no backgrounds or persons in the photo. Any article visible in the photo must only be for indication purposes.
An explanatory letter should be written if such is the case to indicate that the item is not included in the design protection. A picture should be provided for advertising the object in the Patent Journal and it must be attached to the application form D8. There should also be a note that the picture is for publication.
If you need assistance with the registration and usage of designs according to South African design laws contact us at Smit & Van Wyk for professional assistance today.
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