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Wednesday, 21 Aug 2019

Industrial Designs Registrations

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Design means only the features of shape, configuration, pattern or ornament applied to an article by an industrial process. Shape and configuration refer to the form of the article and is usually three-dimensional in nature. Pattern and ornament are decorative features applied to the surface of articles and are usually two-dimensional in nature. The application of such a design makes the final products appeal to the observer's eye. The design, in order to be registrable, must be judged solely by the viewer's eye and should not be a mere mechanical device. A manufacturer may use a particular design with reference to a product in order to ensure that the same catches the consumer's eye easily. It is this design, which is protected under the Design Act, 2000.Design which are functional, i.e. articles made in a particular design, not with a view to Design, which are functional, is not registrable. Further the design in order to be registrable should be new and original and not previously published in India.

DESIGN PROHIBITED FROM REGISTRATION:

The following designs are prohibited from registration:

1.     A design, which is not new or original.

2.    A design, which has been disclosed to the public anywhere in the world prior to the filing date or the priority date of application.

3.    A design, which is not significantly distinguishable from known design or combination of known design.

4.    A design, which contains obscene matter.

REGISTRATION PROCEDURE OF DESIGN:

Registration of designs is done by the Patent office at Calcutta. Any person claiming to be the proprietor of any new and original design may apply for registration of the design. For the purpose of registration goods are classified into 14 classes. The applicant may include in the application, a brief statement of the novelty he claims for the design. For example novelty resides in the Shape or configuration in the telephone set as illustrated.

On receipt of an application, the application will be examined by an examiner as to whether the design is registrable under the Act and the Rules and submit a report to the Controller.

If the application is in order and satisfies the requirements of the Act and the Rules, the Controller will accept the application and register it. The design when registered will be registered as on the date of the application for registration. There is no provision under Act for advertisement of the application before registration as in the case of Trademark. The term of Industrial Design for the first instance will be for a period of ten years, which can be extended by five years.

INFORMATION REQUIRED:

1.     Full Name, Address & Nationality of the applicant.

2.    Full Name, Address and Nationality of the Proprietor/Partner of the Applicant firm.

3.    Name of the Article to which a design is applied

4.    Detail of convention Country

5.     Detail of feature of the design of the Article

Statement as to where the novelty resides in the article for design registration.

DOCUMENTS REQUIRED:

1.     Power Of Attorney.
2.     Certified copy of the application which is the basis of the Convention priority (if applicable which can be filed within 3 months from the Indian filling date.
3.     Post Card size photograph (if photographs are not possible-drawing) of the article to be registered as design from different views, the photographs/drawings should bring out the novelty of the design from the Top, Bottom, Side, Front, Back, Prospective and any other view which bring out the novelty in the design. We requires the 5 copies of the each view.