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The process for registered design applications in South Africa is briefly described below.
Although it may seem a complicated process, our attorneys, who have years of experience regarding registered design applications, handle the process professionally and ensure that there are no unnecessary delays.
Steps Regarding Registered Design Applications
The first step is to file an application which is done by the attorneys on your behalf. The application is filed at the SA Design Office located in Pretoria.
You have to decide whether you will register a functional or aesthetic design. It is also possible to register both for the same article. In addition, it is important to note that the article will only be protected within the class registered.
As such it is recommended that you register it in all relevant classes for maximum protection.
You will register a functional design for an article if you want to protect the shape, pattern, ornamentation or configuration of the article.
If you want to register a design based on the features of the article being necessary because of the function then you will register a functional design. The functional design is thus based on visible characteristics of the articles which will have an influence on the functioning of the article while the aesthetic design is based on the visual perception regarding the features of the article.
The next important factor to consider in the application process is whether the design meets the specific requirements for an aesthetic or functional design. For functional the requirements include not being obvious or commonplace in the specific art and for aesthetic design the requirements include originality and novelty.
Our attorneys will be able to help with the assessment, design searches, and preparation of documentation as well as submission thereof in the required periods according to procedures as set out by the SA Design Office.
Contact us today for assistance regarding registered design applications in South Africa.
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