Design
The Design Act of 2000, replacing the 1911 Act, is focused on safeguarding designs that contribute to visual attractiveness. In this context, “design” pertains solely to the features of shape, configuration, pattern, ornament, or the composition of lines or colors applied to any article, whether in two or three dimensions, achieved through industrial processes or means, be they manual, mechanical, chemical, separate, or combined. The finished article’s appeal is assessed by the eye alone. Notably, this definition excludes modes or principles of construction and anything essentially a mere mechanical device, as well as trademarks.
A design registration will initially last for 10 years from the filing date of the application and may be extended further for a second period of 5 years. Thus the maximum period of registered design is 15 years
Innovative Consultants Offers Services In:
- Advice on registrability of Design
- Preparation of Application for design Registration and submission of the same along with copies of the design
- Attending to the proceedings and obtaining Provisional Papers after necessary follow up.
- Official objections / Hearing, if any.
- Publication in an official journal
- Opposition, if any
- Registration Certificate
Design Registration Requirement:
- The full name, address, and nationality of each applicant.
- A power of attorney duly signed by each applicant or by an authorized person of each applicant.
- Seven copies of the representation (drawings or photographs showing different views of the article).
- Design applications should be categorized into specific classes, determined by the primary material used or capable of being used for the article. When an article can be made from materials belonging to different classes, for comprehensive protection, it is recommended to register the design to cover all potential material classes.
- For instance, if an article is currently made of plastic but could also be made of metals, it is prudent to submit two applications—one under class 3 and another under class 1—for the same design to ensure comprehensive protection.
Frequently Asked Questions About Trademarks
1. Is a design for part of an article(s) registrable?
Yes, only if the part of an article is such that it is capable of being made and sold separately.
2. How long does it usually take from the filing to the issue of registration?
It takes 6-9 months from the filing to the issue of the registration certificate.
3. What are the benefits of Design Registrations?
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.
