Design Filing In India
Who can apply?
It can be filed by – individual, sole proprietor, partnership firm, company or any other legal entity.
Where to apply?
DOCUMENTS REQUIRED FOR REGISTRATION: Section 5
- Personal details of the applicant- name, nationality, and address of the applicant
- In the case of foreign applicants, it is mandatory to provide the address of service in India.
- Visual representation of the design in 360-degree view – two copies
- Power of attorney
- Priority application- certified copy (if the same design is registered in any convention country)
- A brief statement of novelty is endorsed in each design.
- Details of the class under which design is to be registered
- Additional documents based on each case
- Purpose for which article or design will be used.
Online filing of Application
PROCEDURE OF REGISTRATION
Filing of the Application
the Applicant must submit form 1 application with specified class and the documents and prescribed fees to the design office.
There are two types of applications:
1. Ordinary application- where the applicant can make no priority claim
2. Reciprocity application- this application allows the application to claim priority filed previously in a convention country. To claim priority, the applicant must apply within six months, and no grace period shall be allowed for the same. The priority documents have to be duly certified by the official Chief or head of the organization.
Mode of registration
2. E-filing: The registry now provides an option of e-filing directly through the website.
Initial processing of the application
Examination of the application
1. The application is in prescribed format?
2. The prescribed fee has been paid?
3. The name, address, and nationality of the applicant are mentioned?
4. Address for service is given in the application form?
5. Declaration of proprietorship is given in the application form?
6. Representation sheet is in a manner as prescribed in Rule 14?
7. Power of authority, if applicable, is filed?
In the case of reciprocity application
- The Applicant applied within the prescribed time?
- The priority document was filed at the time of filing? If not, whether the priority document was filed within the extendable period of three months along with the prescribed form and fees?
- The application was filed by the same applicant? If not, whether the assignment document has been filed?
If no defects are found in the application, the application is sent for substantive examination.
In case any defects are found in the examination, a detailed report of the defects is sent to the applicant. The applicant has to comply with the defects within three months from the date of the objection, failing to which the application shall stand abandoned.
1. A ” Design” under the Act?
2. New or original?
3. Prejudicial to public order or morality?
4. Prejudicial to the security of India?
Publication and advertising in the Journal
If no objections are received, the design is accepted and registered. The design’s acceptance shall be recorded in the Register, and a registration certificate will be given to the applicant. If any objections are raised, then the procedure of objection shall be followed.
Benefits of Design Registration
- An appealing and attractive Design will pull off the sale faster than other articles having no design. The marketability improves with a Unique Design.
- The registered owner has the exclusive rights to sue or file a case against any third party for unauthorized copying or imitation of the design.