What is Design ?
As far as Design registration is concerned,
one can protect outer shape, configuration, pattern, ornamentation or composition of
lines or colours applied to any article either in two or in three dimensional form or
both by any industrial process or means. The design is capable of being applied to an article
thereby being appealable to the eye.
Who can apply ?
An Applicant either a natural person or a legalized owner or assignee
or legal heir can apply for a design registration, which is also known as copyright of designs.
Presently, the Applicant is classified in three categories namely an Individual, a small entity
and other than small entity according to which filing and other prosecution fees vary.
Prime requirements for registration
It is prime requirement of design registration that the proposed design
being applied for registration should be new and original and moreover it should not be disclosed
to the public anywhere in the world by publication or by use thereof. Moreover, the proposed design
should be significantly distinguishable from the known designs without containing any scandalous or
obscene matter therein.
Classes for filing a design
Every Industrial design is classified under Locarno Classification
(LOC) that consists of 32 different classifications for industrial designs. Applicant has
to elect appropriate class and subclass for the industrial design for which application is being made.
Where to apply ?
An applicant has to file a design application (Form-1) along with representation
sheets with the design office located at Kolkata. The representation sheets have various photographic views
of the proposed design such as Front view, Rear view, Top view, Bottom view, Left hand side view, Right hand
side view and a perspective view. Applicant has to file the representation sheets in quadruplicate.
The applicant also needs to submit a power of attorney if the design is being applied through a legal
representative such as a patent agent.
Procedure from filing till registration
After filing the application and making of necessary payment, an applicant
receives an acknowledgement from the Design office. The acknowledgement contains application number and
filing date. The controller sends the application to Examiner who scrutinizes the contents of applications
and accepts the application if no discrepancy is found. Else, the Examiner sends a First Examination Report
to Applicant and demands for a reply in stipulated time period. Examiner may demand for a hearing in case if
the reply received from Applicant is not conclusive. After hearing, Examiner either rejects or grants the design
registration. In case of rejection, Examiner sends a refusal letter to Applicant. The overall time period
required for above process is about 12-18 months from the date of filing.
Term of a design protection
In India, the term of design protection is 10 years from the date of filing which is extendable by 5 more years.
Advantages of a registered design
Desgin registration provides exclusivity of 15 years to the applicant thereby prohibiting from making, using, selling and importing
the registered design in India without permission of Applicant.