| (3) | The same design may be registered in both Part A and Part F of the register. |
| (4) | The same design may be registered in more than one class and, in case of doubt as to the class in which the design ought to be registered, the registrar shall determine such class. |
| (5) | Where an application for the registration of a design has been made or a design has been registered and a further application is made by the same applicant to register the design or a part thereof in the same or the other Part of the register and in the same class or in one or more other classes, such further application shall not be invalidated on the ground that the design— |
| (i) | an aesthetic design, is not new and original; |
| (ii) | a functional design, is not new and is commonplace in the art in question, |
by reason only that the design forms the subject of such previous application or registration; or
| (b) | was previously made available to the public by reason only that the design has been applied to articles within the class in which such previous application or registration was lodged. |
[Sub-section (5) added by section 71 of Act No. 38 of 1997.]
