Trademark & IP

Application for Design Registration

Drafting and Filing of Application for Design registration for one article at an all-inclusive price, including Government Fees*

Complete By* : 02 Jun, 2024

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Filling of Application

Submission of Application

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Intellectual property (IP)

 

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patentscopyright, trademarks, Industrial designs, Trade Secrets and Geographical Indications (GIs), which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

 

Documents Required

Application Form No 1

Representations in duplicate.

Power of authority/General Power of authority) in original

Form-24 in prescribed format(if small entity status is claimed) with evidence of registration under MSME Act, 2006 in case of Indian entities or affidavit deposed by the applicant or authorised signatory in case of Foreign entities.

Original Priority document under Rule 15 of The Designs Rules.

* (All documents in Pdf scanned. Image file in jpeg format)

* (All documents to be Self Attested and signed on each page)

Trademark & IP

Application for Patent Registration

Drafting and Filing of Application for registration of device patent with the Indian Patent Office.

Steps for Application

Collect information and documents

Drafting and Filing of Application for registration of device patent with the Indian Patent Office.

Application to be signed by the Applicant alongwith all the mandatory attachments

If no objection is received, application is checked by the scrutinizer and if no discrepancy is found, the same is entered in the Register of Designs.

Tracking of the Design Application

Essential requirements for

Registration of ‘design’ under the Designs Act, 2000

The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.

Novelty

The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.

Applicability of design

The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. The design should be applied or applicable to any article by any industrial process. The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

Visibility

The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.

Not mechanical in nature

Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.

What is meant by ‘Design’ under the Designs Act, 2000?

Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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 or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

 

Forms to be submitted for Design related Registrations etc

 

Sr. No.

Process Title

Download

1

Application for registration of design

Sections 5 and 44  (25 KB)

2

Claim under to proceed as an applicant or joint applicant.

Section 8(1) _ (5)  (21 KB)

3

Application for Extension of copyright.

Section 11  (13 KB)

4

Application for the Restoration of design

Section 12(2)  (18 KB)

5

Request for inspection

Section 17(1)  (13 KB)

6

Request for search

Section 18  (14 KB)

7

Request for search

Section 18  (14 KB)

8

Petition for cancellation for registration of a design.

Section 19  (16 KB)

9

Notice of intended exhibition or publication of unregistered design.

Section 21  (18 KB)

10

Application for registration of a document in the Register Design.

Section 30(3)  (16 KB)

11

Application for entry of name of proprietor or part proprietor in the Register

Section 30  (19 KB)

12

Application for entry of mortgage or licence in the Register.

Section 30  (18 KB)

13

Application for entry of notification of document in the Register.

Section 30 and rule 37  (15 KB)

14

Request for correction of clerical error.

Section 29  (15 KB)

15

Request for certified copy.

Section 26 and rule 41  (16 KB)

16

Application for certified copy of registered design.

Section 17(2)  (15 KB)

17

Application for rectification of Register.

Section 31  (17 KB)

18

Application for extension of time for filing priority document

Rule 15 and 18  (18 KB)

19

Notice of opposition.

Rule 40  (17 KB)

20

Notice of intention to attend hearing.

Rules 29 and 40  (13 KB)

21

Power of authority to agents.

Section 43  (16 KB)

22

Notice of alteration of address or name or an address for service in the Register

Rule 31  (15 KB)

23

Request for entries of two addresses for service in register

Section 10  (15 KB)

24

To be submitted for claiming the status of a entity

Rules 2 and 5  (24 KB)

History 

The Patents & Designs Protection Act, 1872 was the first legislation in India for protection of Industrial Designs was. The 1872 Act included the definition- “any new and original pattern or design, or the application of such pattern or design to any substance or article of manufacture”. It supplemented the 1859 Act passed by Governor General of India for granting exclusive privileges to inventors and added protection for Industrial Design. 

The Inventions & Designs Act of 1888 re-enacted the law relating to protection of inventions and designs and contained provisions relating to Designs separately under a distinct Part.

 

The Patents & Designs Act enacted in 1911 also provided for protection of Industrial Designs.

 

The Patents Act, 1970 repealed the provisions of the Patents and Designs Act, 1911, so far as they related to Patents. However, the provisions relating to Designs were not repealed and continued to govern the Designs Law. 

 

The Designs Act, 2000 was enacted to make the Designs Law in India TRIPS compliant, when India joined the WTO as a member State in 1995. Consequently, the Patents & Designs Act, 1911 was repealed.

 

The definition of “design” in the Designs Act, 2000 is more or less the same as that of the 1911 Act. Earlier, under the 1911 Act, ‘novelty’ was determined with reference to India, whereas under the Designs Act, 2000 ‘novelty’ is determined on a global basis.

 

The classification system of the 1911 Act was based on material characteristics of the article, whereas the Design Rules 2001 and the amendment in 2008 provide an elaborate classification based on Locarno Classification system.

 

The Designs Act, 2000 and Rules provide for filing of a Design Application in any of the four Patent Offices i.e. Patent Office Delhi, Mumbai, Chennai or Kolkata. However, the prosecution of a Design Application is done only at Patent Office, Kolkata. Even after providing facility to file applications in any of the four IP Offices, the number of Design Applications has increased only from about 4000 in 2004-05 to 6700 in 2009-10. This is irrespective of the tremendous growth achieved in the Industrial Sector and expansion of Design education in the Country. Tardy growth in filing of Design Applications may be contributed to, amongst other things, lack of awareness about prosecution procedures and ignorance of the benefits of registration. The general feeling of the creators appears to be that Design registration is a lengthy, time consuming and costly affair, whereas the facts are to the contrary. This manual is intended to remove such misconceptions. It is also intended to sensitise the stakeholders about the simple registration procedure along with the benefits of registration.

 

Locarno Classification system.

Applicants for national or international IP protection are required to determine whether their creation is new or owned/claimed by someone else. To determine this, huge amounts of information must be searched. International classifications facilitate such searches by organizing information concerning inventions, trademarks and industrial designs into indexed, manageable structures for easy retrieval.

 

The Locarno Classification, established by the Locarno Agreement (1968), is an international classification used for the purposes of the registration of industrial designs.  The current edition of the Classification is published online. 

 

Assembly of the Locarno Union

All States that are party to the Locarno Agreement are members of the Locarno Union Assembly. The Assembly meets in ordinary session once every two years. The Assembly deals with all matters concerning the maintenance and development of the Union and the implementation of the Locarno Agreement.

 

Committee of Experts of the Locarno Union

Each State party to the Locarno Agreement is represented in the Committee of Experts set up by the Agreement. The Committee holds its sessions at least once every five years. The Committee decides on any changes to be incorporated in the Locarno Classification, which are subsequently published in the form of new editions of the Classification. The Committee also addresses recommendations to the members of the Union for the purpose of facilitating the use of the Classification and promoting its uniform application.

 

 

Difference between Trademark, Copyright and Patent

 

Copyright, Patent and Trademark are all different types of Intellectual Property (IP). Although these three types of IP are very different, we often confuse them.

 

A copyright is a collection of rights automatically vested to you once you have created an original work. The power of copyright allows you to choose the way your work is made available to the public.

 

Patents incentivizes inventors to publicly disclose their inventions in exchange for certain exclusive rights. A patent protects inventions. In this respect the patent system compliments copyright protection by providing protection for functional aspects of the software, which are not protected by copyright. 

 

“A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Examples include brand names, slogans, and logos. (The term “trademark” is often used in a general sense to refer to both trademarks and service marks.)” 

 

Similar to copyright, a person does not need not register a trademark or service mark to receive protection rights, but there are certain legal benefits to registering the mark. There is rarely an overlap between trademark and copyright law but it can happen — for instance, when a graphic illustration is used as a logo the design may be protected both under copyright and trademark.

 

What do we understand by Design Registration?

Designs Act, 2000 has been promulgated to protect new or original designs created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

 

In most countries, an industrial design needs to be registered in order to be protected under industrial design law as a “registered design”. In some countries, industrial designs are protected under patent law as “design patents”.

 

Industrial design laws in some countries grant – without registration – time- and scope limited protection to so-called “unregistered industrial designs”.

 

Depending on the particular national law and the kind of design, industrial designs may also be protected as works of art under copyright law.What is meant by ‘Design’ under the Designs Act, 2000?

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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 or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

 

What is meant by an article under the Designs Act, 2000?

Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.

 

Effect of Registration

The Register of Designs is a document maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

 

Benefits of Design registration

  • Registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration 
  • Legal right to bring an action against those persons who infringe the design right
  • Priority Claim under Paris Convention
  • Design rights can be transferred, thus creating intangible asset

 

Duration of the registration of a design

The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed, the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.

 

Type of Applications

a. Ordinary application.

An ordinary application does not claim priority.

b. Reciprocity application.

A reciprocity application claims priority of an application filed previously in a convention country. Such an application shall be filed in India within six months from the date of filing in convention country. This period of six months is not extendable.

 

Who can File a Design Application

Design Application may be filed personally by an applicant or through a patent agent/legal practitioner. If the application is filed through a patent agent/legal practitioner, a power of authority shall be submitted, along with the application. General Power of Attorney is also acceptable.

 

Difference between Design and Trademark

Parameter

Trademark

Design

Definition

Trademark is the logo or symbol for trade/business

An industrial design constitutes the ornamental aspect of an article. It may consist of 3D features, such as the shape of an article, or 2D features, such as patterns, lines or color.

Novelty and Innovation quotient

A Trademark can be anything from a word mark, logo to a shape to even a word. It has to be unique

A Design serves a particular purpose and an application. It is not merely a representation. it needs to be novel, unique and innovative.

Protection offered

A Trademark registration is meant to protect the mark that symbolises a business. 

A Design registration is meant to protect the design of the product. How it looks and how it works are both protected..

Statutory Acts

A Trademark is protected under the Trademark Act 1999. 

A Design is protected under the Design act 2000. 

Period of Registration

A Trademark can is initially registered for 10 years, and in theory and be renewed for perpetuity

A Design is registered initially for 10 years and thereafter for a period of 5 more years. Thereafter, it cannot be further renewed 

 

 

 

FAQs

Q:What is meant by an article under the Designs Act, 2000?

A:Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.

 

Q:What is the object of registration of Designs?

A:Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

 

Q:Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design?

A:No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.

 

Q:When does the Applicant for Registration of Design get the registration certificate?

A:When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.

 

Q:What is a Register of Designs?

A:The Register of Designs is a document maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

 

Q:What is the effect of registration of design?

A:The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.

 

 

Q:What is the duration of the registration of a design? Can it be extended?

A:The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.

 

Q:What is the date of registration?

A:The date of registration except in case of priority is the actual date of filing of the application. In case of registration of design with priority, the date of registration is the date of making an application in the reciprocal country.

 

Q:Is it possible to re-register a design in respect of which Copyright has expired?

A:No. A registered design, the copyright of which has expired cannot be re-registered.

 

Q:How one can ascertain whether registration subsists in respect of any design?

A:For ascertaining whether registration subsists in respect of a design, a request should be made to the Patent Office, Kolkata. If the Design number is known, the request should be made on Form 6, otherwise on Form 7, together with prescribed fees. Each such request should be confined to information in respect of a single design.

 

Q:What is piracy of a Design?

A:Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design.

 

Q:What is the penalty for the piracy of a registered Design?

A:If anyone contravenes the copyright in a design he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/-as contract debt as stated in Section 22(2)(a). The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.

 

 

Q:Is marking of an article compulsory in the cases of article to which a registered design has been applied?

A:Yes, it would be always advantageous to the registered proprietors to mark the article so as to indicate the number of the registered design except in the case of Textile designs. Otherwise, the registered proprietor would not be entitled to claim damages from any infringer unless the registered proprietor establishes that the registered proprietor took all proper steps to ensure the marking of the article, or unless the registered proprietor show that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.

 

Q:Can the Registration of a Design be cancelled?

A:The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with prescribed fee to the Controller of Designs on the following grounds:

• That the design has been previously registered in India or

• That it has been published in India or elsewhere prior to date of registration or

• The design is not new or original or

• Design is not registrable or

• It is not a design under Clause (d) of Section 2.

 

Q:Is it mandatory to make the article by industrial process or means before making an application for registration of design?

A:No, design means a conception or suggestion or idea of a shape or pattern which can be applied to an article or capable to be applied by industrial process or means. Example- a new shape which can be applied to a pen thus capable of producing a new appearance of a pen on the visual appearance. It is not mandatory to produce the article first and then make an application.

 

Q:Why is it important for filing the application for registration of design at the earliest possible?

A:First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.

 

Q:Can the same applicant make an application for the same design again, if the prior application has been abandoned ?

A:Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.

 

 

Q:How to get information on registration of design?

A:After registration of designs the best view of the article along with other bibliographic data will be notified in the Official Journal of The Patent Office, which is being published on every Friday.

 

Q:Whether it is possible to transfer the right of ownership?

A:Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law. However, certain restrictive conditions not being the subject matter of protection relating to registration of design should not be included in the terms and condition of the contract/agreement etc. An application in form-10, with prescribed fees in respect of one design and appropriate fees for each additional design, for registration of the transfer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. An original/notarized copy of the instrument to be registered is required to be enclosed with the application.

 

Q:What is meant by priority claim?

A:India is one of the countries party to the Paris Convention so the provisions for the right of priority are applicable. On the basis of a regular first application filed in one of the contracting state, the applicant may within the six months apply for protection in other contracting states, latter application will be regarded as if it had been filed on the same day as the first application.

 

Q:How it is possible to restore the lapsed design due to non-payment of extension fee within prescribed time?

A:A registration of design will cease to be effective on non-payment of extension fee for further term of five years if the same is not paid before the expiry of original period of 10 years. However, lapsed designs may be restored provided the following conditions are satisfied:

 

Application for restoration in Form-4 with prescribed fees is filed within one year from the date of lapse stating the ground for such non-payment of extension fee with sufficient reasons.

If the application for restoration is allowed the proprietor is required to pay the prescribed extension fee and requisite additional fee and finally the lapsed registration is restored.

 

Q:Can the name, address of proprietor or address for service be altered in the register of design?

A:Name and address of the registered proprietor, or address for service can be altered in the register of designs provided this alteration is not made by way of change of ownership through conveyance i.e. deed of assignment, transmission, licence agreement or by any operation of law. Application in form-22 with prescribed fee of should be filed to the Controller of Designs with all necessary documents in support of the application as required.

 

Q:Are the registered designs open for public inspection?

A:Yes, registered designs are open for public inspection only after publication in the official journal on payment of prescribed fee on a request in Form-5.

 

Q:Can the application for registration of design be filed by the applicant himself only or through a professional person?

A:The application for registration of design can be filed by the applicant himself or through a professional person (i.e. patent agent, legal practitioner). However, for the applicants not resident of India an agent residing in India has to be employed.

 

Q:What are the important criteria for determining a "set of article"?

A:If a group of articles meets the following requirements then that group of articles may be regarded as a set of articles under the Designs Act, 2000:

Ordinarily on sale or intended to be used together.

All having common design even though articles are different (same class).

Same general character.

Generally, an article having the same design and sold in different sizes is not considered as a set of articles. Practical example: "Tea set", "Pen set", "Knife set" etc.

 

Q:What is an artistic work which is not subject matter of registration?

A:An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows:

 

"Artistic works" means: -

A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.

An work of architecture and

Any other work of artistic craftsmanship.  

 

Q:What is meant by classification of goods mentioned in the Third Schedule?

A:The applications for registration of Designs applied to articles are classified according to the Third Schedule of Designs Rules, 2001 for its classification. This is mainly based on the International Classification System for Industrial Designs known as Locarno Classification. Only one class number is to be mentioned in one particular application which is mandatory under the Rules. This classification has been made on the basis of Articles on which the design is applied.

 

Practical Example: If the design is applied to a toothbrush it will be classified under class 04-02. Similarly if the design is applied to a calculator, it will be classified in class 18-01. Subsequent application by the same proprietor for registration of same or similar design applied to any article of the same class is possible, but period of registration will be valid only up to period of previous registration of same design.

 

Q:What is meant by Property mark as per the Indian Penal Code, Sec. 479?

A:A mark used for denoting that movable property belongs to a particular person is called a property mark. It means that marking any movable property or goods, or any case, package or receptacle containing goods; or using any case, package or receptacle, with any mark thereon. Practical example: The mark used by the Indian Railway on their goods may be termed as a Property Mark for the purpose of easy identification of the owner.

 

Q:What is meant by Intellectual Property ?

A:Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind.

 

The intellectual property is classified into seven categories i.e

 

Patent

Industrial Design

Trade Marks

Copyright

Geographical Indications

Lay out designs of integrated circuits

Protection of undisclosed information/Trade Secret according to TRIPs agreements.

 

 

Q:What are the essential requirements for the registration of ‘design’ under the Designs Act, 2000?

A:The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.

The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.

The design should be applied or applicable to any article by any industrial process.

The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.

Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.

The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

 

Q:How does a registration of design stop other people from exploiting?

A:Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court in order to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000.

 

The Patent Office does not become involved with any issue relating to enforcement of right accrued by registration. Similarly, the Patent Office does not involve itself with any issue relating to exploitation or commercialization of the registered design.

 

Documents Required

 

1. Form 1 in the prescribed format (as in Schedule-II of the Designs Rules )

2. Representations should be prepared as prescribed under Rule 12, 13and 14 of The Designs Rules and should be submitted in duplicate.

3. Form-21(Power of authority/General Power of authority) in original(if filed through patent agent/advocates) (as in Schedule-II)

If the applicant files copy of General Power of authority (GPA), it should be endorsed with the design application number, with which the original GPA has been filed.

4. Form-24 in prescribed format(if small entity status is claimed) (as in Schedule-II) 

(a) It should be accompanied with evidence of registration under MSME Act, 2006 in case of Indian entities.

(b) It should be accompanied with affidavit deposed by the applicant or authorised signatory as Rule 42 of Designs Rules in case of Foreign entities.

5. Original Priority document under Rule 15 of The Designs Rules.

6. Authenticated English translated copy of the Priority document (if original priority document is other than English)

7. Assignment in original (if the applicant of priority application in convention country is different from Indian applicant)