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If you have an article for which you require registered design protection in the sections of both aesthetic and functional registered design protection, you should file for both. Although the two will thus be separate applications, we offer lower rates for the second and subsequent applications filed at the same time.
It should be noted that registered design protection only applies in the class or classes in which you have registered the design. It thus doesn’t provide protection against infringement if the item in question is in a class in which you have not registered design rights for your specific article.
You can only apply for registered design protection for a single embodiment of an article in one application. You must thus complete a separate application for every variation in design for the particular article.
There is a six month period after a design has been publicly disclosed within which you can still register the design. If, for some reason, another person produces the article in this particular period, before you have registered the design, you will not be able to take any legal action at present or in future against the party for infringement.
As such it is recommended that you register the design before disclosing any information about it.
Steps Involved
Do not disclose any information about the design, market or sell it before you have filed the design application. Get legal assistance and guidance regarding the process and the protection of your rights.
Once you have decided to go ahead with filing for design rights you will pay a deposit. The attorneys thereafter prepare the application and all details as well as photos associated with such. The application is filed at the SA Design Office located in Pretoria.
Once you receive confirmation of the filing, you may disclose information about the design.
The whole process takes around eight months from filing date to be completed. Contact us today to help you apply for registered design protection.
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