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Registration Procedure

The registration of designs is governed by The Designs Act No 195 of 1993. Registering a design ensures exclusive right to use the design. If anybody tries to copy, sell or use the design without permission, this could result in legal action.

Although it is not compulsory to conduct a search to check the originality of the design or that the same or similar design is not registered – it is advisable to do so, before filing for registration. A search can be conducted at the Design Registry Office in Pretoria. It must be done personally or by a customer such as a patent attorney.

The documentation needed for the registration process is obtainable, free of charge, from the Design Registry Office in Pretoria, Private Bag x 400, Pretoria, 0001. The documents are:

  • Form D1  Application and Acknowledgement
  • Form D2  Register of Designs
  • Form D3  Power of Attorney
  • Form D6  Definitive Statement and Explanatory Statement (Explanatory statement is compulsory only for certain fields, e.g. integrated circuit topography or music work)
  • Form D8  Publication Particulars

The registration procedure is as follows:

Form D1: Application and Acknowledgment
  • Lodged in duplicate
  • Enter the class number (as per search)
 
Form D2: Register of Designs
  • Complete and lodge in duplicate
 
Form D3: Power of Attorney
  • Lodge only one copy
 
Form D6: Definitive Statement (compulsory) and Explanatory Statement (optional)
  • Lodge in duplicate
  • The definitive statement should be a description of the features of the design for which protection is sought (e.g. shape, pattern, ornamentation, configuration, as applicable)
 
Form D8: Publication Particulars
  • Lodge in duplicate
  • - The “brief statement of features” shall be a single paragraph of not more than 100 words. Essentially this is a combination of the definitive and explanatory statement (as per D6)

Together with the documentation listed above, "Representations" in the form of drawings, or photographs need to be included. These could be:

  • 7 identical representations, be these drawings or photographs. Each drawing should be on an A4 paper, or each photograph mounted on A4 paper.
  • Enclose different perspectives (as applicable) e.g. top view, side view, front view, 7 of each are required.
  • Select one view for publication and provide 2 copies clearly indicating "for publication".
  • All drawings / photographs except those designated for publication should be signed.

Processing formalities

  • When the documentation package has been received and logged, the applicant is sent:
    • 1 copy of the D1 form indicating acknowledgement and the official design application number.

  • Following a period of 6 months formal examination formalities are conducted and usually in month 7 (if the applicant complied with all the formal requirements):
    • A notice of registration acceptance is sent to the Government Printer and the design is published in the Patent Journal.
    • A registration certificate is issued.


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