Design Application Form is the most important document for design registration. This should be carefully filed with necessary requirements to ensure it is free of errors. It is basically the magna carta of the registration process. Design applications filed with necessary details and information will increase the chances of design registration.
FORM 1 OF THE DESIGN ACT, 2000 CONTAINS THE ELEMENTS REQUIRED FOR REGISTRATION OF DESIGNS:
Class under which registration is sought
Name of the applicant and address and nationality of the applicant
Category of the applicant
Specimen for drawings, photographs, tracings and other formats- 4 copies
Category or name of the article to which design should be applied
Previous registration for design, if any
If the applicant is foreign resident- address of service of notice in India
Signature of the applicant or Power Agent.
Checklist: The design application has to be accompanied with set of certain documents and the applicants should also submit the original or paper copy of the electronically filed (e-filing) documents within 15 days of such electronic filing as per Rule 3 of the Designs Rules.
1. Form 1 in the prescribed format (specimen given) (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, 2006in case of Indian entities.
(b) It should be accompanied with an 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)
Where to Apply: In India, the Patent Office is located at four locations viz. Delhi, Mumbai, Kolkata & Chennai. All four patent office’s take in design applications but all subsequent actions like responses and hearings are done only in Kolkata.
Mode of filing:
Types of design applications:
a) Ordinary application – No priority claim;
b) Reciprocity application – Application filed previously in a convention country can be filed in India within 6 months from the date of filing in the convention Country. This period is not extendable. However, an application can be filed without the certified copy of the priority application and the documents have to be filed within 3 months of filing the application in India. An application to extend this deadline has to be filed.
Fees for filing:
How to Register Designs Online
To register your Designs with us, please provide the necessary details as requested in the link below. You may also contact us and we will guide you through the process.