Smit & Van Wyk Patent, Trademark & Registered Designs

How long does a Design Application take?

Registered Designs & Patent Attorneys

Design application usually takes about eight months from the date of filing the application until notification of registration is received from the South African Designs Office. If foreign registered designs are to be applied for, we should be notified thereof at the outset, but foreign design applications may be filed in a number of countries within six months after the filing of a South African registered design. Such a design application may then claim the priority date of the South African design. In South Africa, the designs register is split into two sections. Firstly, an aesthetic design protects the appearance of an article, irrespective of the aesthetic value thereof (such as cell phones covers or automobile designs). Secondly, a functional design protects the appearance of an article in as far as its appearance is necessitated by the function that the article is to perform (such as a paving stone or aluminium profiling). Designs are grouped into different classes of technology and a design application may be filed in one or more classes, to provide protection against infringing products falling in the same class. A South African registered design protects the appearance of an article, unlike a patent which protects the underlying invention on which an article is based. Even though the underlying principle of operation may be the same as a known article, a new appearance may be protectable by way of a South African registered design.

Design Applications in Africa

Algeria designs have a duration of 10 years from the filing date which is extendable for a further 9 years. Industrial designs are filed according to the Locarno Classification which provides the classes and subclasses to which the goods incorporating the designs belong. 

Botswana designs have a duration of 5 years from the filing date which is extendable for a further 10 years. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities. Botswana is a member of ARIPO which means that patents, designs or trade marks may be registered with the official intellectual property office of Botswana or ARIPO.

Egypt designs have a duration of 10 years from the filing date which is extendable for a further 5 years. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities.

Mauritius designs have a duration of 15 years and is NOT a member of the Hague Agreement or the Locarno Classification.

Rwanda designs have a duration of 5 years from the filing date which is extendable for a further 10 years. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities.

Rwanda is a member of ARIPO which means that patents may be registered with the official intellectual property office of Rwanda or ARIPO.

Seychelles designs have a term of 5 years from date of filing with possible extensions of 10 years and is NOT a member of the Hague Agreement or the Locarno Classification.

Home / Designs / How long does a Design Application take?

Request Quote

12 + 10 =

Design Law - Registered Designs - Patent Attorneys
Design Law - Registered Designs - Patent Attorneys
Design Law - Registered Designs - Patent Attorneys
Design Law - Registered Designs - Patent Attorneys

Design Rights: Functionality and Scope of Protection

Read Wessel van Wyk and Kimberley Conroy’s contributions to the book published by Kluwer Law International and edited by Christopher V. Carani.

More information regarding Intellectual Property:

Cinematograph Films
It is possible to copyright films in South Africa under the Copyright Act of 1978, because any cinematograph film or storage, fixation, and production such as signalling of data to produce the work fall under the protection. 

Trade Mark a color in South Africa
The South African Trade Marks Act specifically provides for the registration of non-conventional trade marks, such as colors. A mark is defined as any sign capable of being represented graphically including, shapes…

Industrial Designs
Design protection in South Africa is awarded based on the article appearance and not the underlying invention of the article. Design protection is cheaper than patent protection and is often in used combination with trademarks, patents, and copyright to gain maximum protection…

Trade Mark Requirements
It serves the purpose of distinguishing the goods/services of one trader from those of another trader. It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended…

Franchise Agreements
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

International Trade Mark Protection
Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in the future…

Trade Mark Protection in South Africa
A trade mark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Trade  Marks are register-able in terms of the South African Trade Marks…

Domain Names
Domain name disputes occur when someone registers a domain name similar to that of someone else’s trademark. It is common practice for a business to register its trademark as a domain name in order for the public to easily identify the website and relate the name with the brand…