‘Design’ means the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional, 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 of construction or anything which is in substance a mere mechanical device.
Just like Trademark, Design is an important aspect of a product that a customer might relate to. And just like Trademark, it can be registered, to be used exclusively by the proprietor.
We at Khurana and Khurana understand the importance of this exclusive right in a business and help strategise, implement and uphold design registration and management to best suit the needs of our clients.
As per the Design Act, 2000, the essential requirements for the registration of design are as under:
An application for Design Registration is filed with the Controller of Designs at the Patent Office at Kolkata, West Bengal. Additionally this application can also be filed at any of the four branch offices of The Patent Office situated at New Delhi, Mumbai, Chennai or Ahmedabad.
For filing of applications for registration of design in India, the following procedure needs to be followed:
a) Application, duly filled in on Form 1 along with the prescribed fees, stating name & full address and nationality of the applicant. If the Applicant is not a natural person the legal status and the place of incorporation shall be required.
b) Name of the article to which the design is to be applied.
c) Class & Sub Class of the article embodying the design is applied under the Locarno Classification.
d) Representations illustrating the views of the article wherein the originality lies. The representations can be in the form of photographs or drawing figures showing the perspectives from the front, rear, top, bottom and side views of the article (2 copies of each view) If the design is to be registered in more than one class, a separate application shall be filed for each class.
e) A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet and should be duly signed and dated.
f) When colour combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation.
After examination of the application by the Design Office at Kolkata may raise objections, if any. Post removal of these objections, the certificate granting copyright in registered design may be issued by the Design Office. The duration of a design registration is ten years from the date of registration. However in case priority has been allowed, the duration shall be ten years from the priority date. This initial period of registration may be extended by a further period of 5 years on an application via Form-3 accompanied and a fee of Rs. 2,000/- before the expiry of the said initial period of Copyright.