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Design Registration Services

Essential Requirements For Registration Of Design

  • The design should be new or original, not previously disclosed or published or used in any country before the date of application for registration;
  • The design must appear and should be visible on the finished article or should appeal to and is judged solely by the eyes.

What is not registrable under the Design Act ?

  • The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act Industrial plans, layouts and installations are not registrable. Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registrable as a design.
  • Once the design is registered, it gives a legal right to bring an action against those persons who infringe the design. The registered proprietor of the design has the right and can claim any damage to which he is legally entitled to

Effects of Registration :

  • The registration of new or original design provides the proprietor with copyright on the design i.e. as exclusive right in India to apply the design to any article in a class in which it is registered during next 5 years from the date of registration expendable to two further terms of 5 years each.

Minimum requisite requirements for filing:of design Application

  • Full name, address and nationality of applicant / applicants.
  • Name of the article.
  • Description of Goods
  • Photographs / Drawings of article showing different poses from all Angles with six copies of each pose.
  • View of the article from all sides.
  • Particulars of priority application, if any.
  • Material predominant in the article (e.g. plastic, metal, wood etc.)
  • List of countries to claim the priority, if any, where the Application / Applications for Design has / have been filed along with application number and date.
  • Power of Attorney.

What is Procedure for the grant of Design :

  • The Design Office Examines the application and objections if any, are raised thereto.
  • The design office issues the certificate after the objections, if any are removed to the satisfaction of the Design Office.