We dealt with what is classified as a design here.
This is the registration procedure to follow according to CIPC:
Form D1 : Application and Acknowledgment
- Lodged in duplicate
- Enter the classification index (class number) in terms of the Design Classification (Locarno Classification available on the WIPO website. In case you experience difficulties in defining the classification index , you may apply to the Registrar of Design to do so upon payment of the prescribed fee (R 220.00) or contact us here.
Form D2 : Register of Designs
- Complete and lodge in duplicate
Form D3: Power of Attorney (only if you are applying through an agent)
- 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.
- When the design application has been received and logged, the applicant is sent:
- 1 copy of form D1 indicating acknowledgement and the official design application number.
- Following a period of 6 months formal examination (compliance with the formal requirements) is conducted and usually in month 7 (if the compliance with all the formal requirements is established):
- A notice of registration (acceptance) is sent by CIPC to the applicant
- The applicant has a duty to advertise the notice of registration in the Patent Journal by submitting this notice to CIPC for publication in the prescribed manner (see CIPC Website)
- A registration certificate is issued.
- To keep the design in force, renewal fees must be paid starting from the third year after the lodgement or on the date of granting