Design Registration in India
Design Registration in India-Detailed Procedure
What is a Design?
“Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device
Design Registration in India – Procedure
- Prior Search: The Applicant can conduct the search before the Controller of Designs
- By mentioning the registration number
- By inserting / giving in the details of the the representation of the article or the specimen of the article.
- Details of the Applicant: The name, address and nationality of the Applicant. If the Applicant is not a natural person the legal status and the place of incorporation
- Preparing and filing exact representation of the article/design in question: The representations are to be prepared on white A4 size paper only. Clear views of the article / design should be filed ensuring that the details of the design as well as applicant is clearly depicted. The representations should illustrate the views of the article wherein the originality resides. The representations can be in the form of photographs or drawing figures (the Designs Office prefers photographs) showing the perspective, front, rear, top, bottom and side views of the article (4 copies of each view).
- Title of the article and its purpose to be mentioned in the request for registration of Design.
- Identifying the class: Designs are required to be categorized in separate classes in order to provide for systematic registration. An internationally accepted classification of Industrial Designs based upon the function of the article is required. The class and sub-class should be mentioned in the application. There are 32 classes and most of the classes are further divided into sub-classes.
- Statement of novelty: A statement of novelty should be included on the representation of a design as per the Act in order to specify the claim. The claim will protect the overall visual appearance of the design as described in the representation of drawing.
- Disclaimer (if any): In case there is any ornamental pattern on an article which is likely to be confused with a trade mark, suggests any mechanical action or contains words, letters, numerals, etc., a disclaimer should be included for the same in the representation.
- Priority claim: If the Applicant has applied for protection of the design in convention countries or countries which are members of inter-governmental organizations, they can claim registration of the design citing a priority date in India provided the application is made in India within six months.
- Power of Attorney: The duly stamped Power of Attorney in the prescribed form must be submitted. It could be filed subsequent to the filing of the application. Notarization or legalization of the Power is not required.