Registered Design Services

Registered Design Applications

A design may be registered up to 6 months after the design has been disclosed or released to the public.

I another party starts to produce an article during the six month period, which article would have infringed the design had the design been registered, it would not in future be possible to take action against the other party.

It is therefore advisable to register a design before disclosure.

Rregistered design

First and foremost, KEEP THE DESIGN SECRET and do not market it.
Contact us to discuss the protection of your design.
Should you wish to proceed with registration of a design, we shall, upon receipt of a deposit, prepare the design application including drawings or photos showing the design.
The design application will, upon completion, be forwarded to you for approval.
When you are satisfied that the design application is complete, we shall file it at the South African Design office in Pretoria.
Only after we confirm that the design application has in fact been filed may you disclose your design.

It 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.

South African Registered Design

An enforceable right is only obtained once a design has been registered. As set out above, a design is only registered by the South African Designs Office a few months after filing of the design application.

You do not have an enforceable right until such time as you have received notification of registration of the design from the South African Designs Office.

However, should you become aware of infringers copying your design, it is possible to apply to have the registration process expedited following which legal action may be taken.

Smit & Van Wyk, Inc. intellectual property attorneys legal services include registered design applications in South Africa and other countries.