Design,
Trademark & Patent Registrations in South Africa
This
page contains information on the registration of Designs, Patents
and Trademarks in South Africa. For information on registrations in
OAPI affiliated African countries click
here, for information on ARIPO affiliated countries click
here and for information on other African countries please select
the appropriate country from the drop down list on the left above.
FORMAL REPRESENTATIONS of the design (in accordance with
patent drawing standards, or photographs of adequate size to show
the design clearly).
PRIORITY DOCUMENT (if priority is claimed) together with
a VERIFIED ENGLISH TRANSLATION THEREOF (if appropriate).
P.S.
According to South African law a design may be protected as an "aesthetic
design", in terms of which protection is afforded for the appearance
of a design to the extent that such appearance is not solely functional,
or by way of a "functional design", in terms of which protection is
afforded to features of a design that are necessitated by function.
An aesthetic design has to be registered in Part A of the Register
and a functional design in Part F of the Register. A design having
both aesthetic and functional features can be registered in both Part
A and Part F. However, this requires the filing of two applications
with the second application costing about two thirds of the first
application (as per the above tariffs). If we are not provided with
an indication as to which Part of the Register the design is to be
filed in, we shall decide ourselves and file in the appropriate Part.
However, if it appears that the design should be filed in both parts,
we shall contact you first to obtain explicit instructions in this
regard.
Furthermore,
a single application for a registered design can be filed in a single
class only (using the Locarno International Classification for Designs).
If protection is required in more than one class, separate design
applications have to be filed in each of those classes at the above
tariffs. The monopoly afforded by a registered design is restricted
to articles which fall within the class or classes in which the design
has been registered. If we are not provided with an indication of
the class, we shall classify the design ourselves. However, if it
appears that the design can be classified in more than one class,
we shall contact you first to obtain explicit instructions in this
regard.
For
filing requirements elsewhere in Africa, please select the appropriate
country from the drop down list on the left above or by using the
interactive map on our Home Page.
DOCUMENTS
FOR LODGING TRADE MARK APPLICATIONS IN THE REPUBLIC OF SOUTH AFRICA
POWER OF ATTORNEY signed by applicant, (not
legalised) required before acceptance.
REPRESENTATIONS
OF THE MARK 15 per class, if it is a device mark.
SPECIFICATION
OF GOODS OR SERVICES proposed specification(s) of goods or
services.
INTERNATIONAL
CLASSES if known, (a separate application is required
for each class).
PRIORITY
DOCUMENT: if priority is claimed: priority document to be
lodged within 3 months of filing the application. Priority date
and number required on date of filing the application.
DOCUMENTS
REQUIRED FOR ENTERING PCT NATIONAL PHASE IN THE REPUBLIC OF SOUTH
AFRICA
Form P3: Declaration
and Power of attorney. No witnesses or legalisation required.
(Please furnish name(s) and capacity of person(s) signing form
P3)
Form
P26:
Declaration on Indigenous Biological Resource, Genetic Resource, Traditional
Knowledge or Use.
ASSIGNMENT OF INVENTION: If applicant is not
the inventor or one of the inventors. No legalisation required.
ASSIGNMENT
OF PRIORITY RIGHTS: If applicant in RSA is different from the
applicant in the basic convention case.
PCT
APPLICATION NUMBER AND/OR WO PUBLICATION NUMBER.
TRANSLATION:
Any article 19 or article 34 amendments. Application into English.
Priority document into English.
With
your instructions, if at all applicable, please furnish full name(s)
and address(es) of applicant(s), full name(s) of every inventor, and
if Convention application, full priority particulars, including date,
country, number of basic application(s).
DOCUMENTS
REQUIRED FOR LODGING CONVENTION AND NON-CONVENTION PATENT APPLICATIONS
IN THE REPUBLIC OF SOUTH AFRICA
FORM P3 : Declaration and Power
of attorney. No witnesses or legalisation required. (Please furnish
name(s) and capacity of person(s) signing Form P3).
Form
P26:
Declaration on Indigenous Biological Resource, Genetic Resource, Traditional
Knowledge or Use.
ASSIGNMENT OF INVENTION: If applicant is not the inventor or one of the inventors. No
legalisation required.
ASSIGNMENT
OF PRIORITY RIGHTS : In Convention cases, if applicant in RSA
is different from applicant in the basic convention case.
SPECIFICATION
: Two copies of description and claims in English. International paper
size A4.
FORMAL
DRAWINGS :
(a) two copies of each sheet which accompanies the specification - size
A4
(b) one figure on one sheet to be used for publication with abstract,
if applicable.
ABSTRACT
: of the disclosure : not more than 150 words; may refer to reference
numerals in the figure of the drawing to be used for publication.
INTERNATIONAL
CLASSIFICATION : if available. If not available, we carry out
classification before acceptance, at additional cost.
PRIORITY
DOCUMENT : in Convention cases : one copy of the basic application
certified by the relevant Patent Office, plus certified translation
if not in English.
One
copy of each of the specification, abstract and drawings is required
for our file record.
With
your instructions, if at all possible, please furnish full name(s)
and address(es) of applicant(s), full name(s) of every inventor, and
if Convention application, full priority particulars, including date,
country, number of basic application(s).
Notes
:
In
South Africa a non-Convention application may be filed with a provisional
specification which does not have claims. This must be followed within
not more than 15 months by a complete specification which describes
the final form of the invention and includes claims.
All
documents which are not photocopies of originals must be typed in
one-and-a-half line or double spacing, observing the following margins:
left 25mm, top 20mm, right 15mm and foot 10mm. Formal drawings require
the same margins.
IN
URGENT CASES a filing date can be obtained with the following
minimum documents:
One
copy of the specification in an official language of any Convention
country, including one copy of the drawings, OR the number,
date and title of the Convention application from which priority is
claimed, provided a copy of the specification and drawings is lodged
within 14 days of the application.
TRANSLATIONS
: We are able to undertake or obtain translations from German, French
and certain other languages into English.
