2. INTRODUCTION:
‘Design’ means only the features of shape,
configuration, pattern or ornament or composition of lines or colour or
combination thereof applied to any article whether two dimensional or
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 or construction or any thing
which is in substance a mere mechanical device, and does not include
any trade mark, as define in clause (v) of sub-section of Section 2 of the
Trade and Merchandise Marks Act, 1958, property mark or artistic
works as defined under Section 2(c) of the Copyright Act, 1957.
3. Essential requirements for the registration of ‘design’
under the Designs Act, 2000
Design should be new or original.
Design should not previously published or used in any country before the
date of application for registration.
Design should relate to features of shape, configuration, pattern or
ornamentation applied or applicable to an article.
Designs should be of artistic nature like painting.
4. Designs which are not registrable under the Act
A design which is not new or original; or
Design has been disclosed to the public anywhere in India or in
any other country by publication in tangible form or by use in any
other way prior to the filing date, or where applicable, the priority
date of the application for registration; or
Design is not significantly distinguishable from known designs or
combination of known designs; or
A Design comprises or contains scandalous or obscene matter,
shall not be registered.
5. Artistic work which are not subject matter of registration
An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a
subject matter for registration which reads as follows:
"Artistic works" means: A painting, a drawing (including a diagram, map, chart or plan) on
engraving or a photograph, whether or not such work possesses
artistic quality.
An work of architecture and
Any other work of artistic craftsmanship.
6. Duration of the registration of a design
Initially ten years from the date of registration, but in cases
where claim to priority has been allowed the duration is ten years
from the priority date.
This initial period of registration may be extended by further
period of 5 years on an application made in Form-3, by a fee of
Rs. 2,000/- to the Controller before the expiry of the said initial
period of Copyright.
7. Classification of goods mentioned in the Third
Schedule of Design Rules, 2001
Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
Class 7
Class 8
Class 9
Class 10
Class 11
Class 12
Class 13
Class 14
Class 15
Foodstuffs
Articles of clothing and haberdashery
Travel goods, cases, parasols & personal belonging, not
elsewhere specified
Brush ware
Textile piece goods, artificial & natural Sheet material
Furnishing
Household goods, not elsewhere specified
Tools & hardware
Packages & containers for the transport or handling of
goods
Clocks & watches & other measuring instruments,
checking & signaling instruments
Articles of adornment
Means of transport or hoisting
Equipment for prediction, distribution or transformation
of electricity
Recording, communication or information retrieval
equipment
Machines, not elsewhere specified
8. Class 16
Class 17
Class 18
Class 19
Class 20
Class 21
Class 22
Class 23
Class 24
Class 25
Class 26
Class 27
Class 28
Class 29
Class 30
Class 31
Class 99
Photographic, cinematographic & optical apparatus
Musical instruments
Printing & office machinery
Stationary & office equipment, artists & teaching
materials
Sales & advertising equipment, signs
Games, toys, tents & sports goods
Arms, pyrotechnic articles, articles for hunting,
fishing & pest killing
Fluid distribution equipments, sanitary heating,
ventilation& air-conditioning equipment, solid fuel
Medical & laboratory equipments
Building units & construction elementts
Lighting apparatus
Tobacco & smoking suppliers
Pharmaceutical & cosmetic products, toilet &
apparatus
Devices & equipment against fire hazards for
accident prevention & for rescue
Articles for the care & handling of animals
Machines & appliances for prepacking food or drink
not elsewhere specified
Miscellaneous
9. FLOW CHART OF DESIGN APPLICATION UPTO ACCEPTANCE
Filling of
applications
Abandoned
Refusal
Appeal to
High Court
In case of allowance
of appeal
Numbering & dating of
applications
Noncompliance of
objection(s)/No
response to office
communication
Hearing if
objection(s) is
contested
Waiving/Removal of
objections
Examination of
applications
Communication of
objections
Compliance of
objection(s)
Acceptance
Notification in the
office of journal
Issue of certificate
No objection
Removal of
objection(s)
Re-examination
10. TEN STEPS TO FILE AN APPLICATION FOR INDUSTRIAL DESIGN
Step 1 Finding out whether any registration already exists
Registration number is known, Form No.-6 filed along with the prescribed fees of
Rs. 500. If the representation of the article or the specimen of the article is filed
Form No.-7 along with the prescribed fees of Rs. 1,000 is required.
Step 2 Preparing a representation of the design
It should be prepared on white A4 size paper of durable quality.
Step 3 Identifying the class of design
32 classes and most of the classes are further divided into sub-classes.
Step 4 Providing a statement of novelty
A statement of novelty should be included on the representation of a design as per
the Act in order to specify the claim.
11. Step 5 Including a disclaimer
If the ornamental pattern on an article is likely to be confused with a trade mark,
suggests any mechanical action or contains words, letters, numerals, etc., a
disclaimer should be included in the representation.
Step 6 Claiming a priority date
This is the date of filing of the application in any of such countries provided the
application is made in India within six months.
Step 7 Determining the fee to be paid
Application for the registration of design is Rs 1,000 and for renewal it is Rs.
2, 000.
Step 8 Ensuring all enclosures are attached
File an application only after ensuring that all enclosures and fee in the required
numbers are attached. Applications can be filed in either the Design Office in
Kolkata or the branch offices of the Patent office in Delhi, Mumbai or Chennai.
12. Step 9 Complying with objections (if any)
If the Design Office seeks additional information or clarifications after
preliminary examination, please ensure that these are provided
promptly.
Step 10 Providing full details
While filing an application make sure that all contact details and
addresses are clearly and legibly filled in.
13. Revocation
In case of revocation: Sec-19A petition in Form-8 with fee Rs. 15, 00/by an interested person may file for revocation/cancellation of
registration at any time after the registration on the following grounds to
the controller:
(1) Any person interested may present a petition for the cancellation of
the registration of a design at any time after the registration of the
design, to the Controller on any of the following grounds, namely:-
(a) that the design has been previously registered in India; or
(b) that it has been published in India or in any other country prior to the
date of registration; or
(c) that the design is not a new or original design; or
(d) that the design is not registrable under this Act; or
(e) it is not a design as defined under clause (d) of section 2.
14. THE SECOND SCHEDULE (See rule 6)
Form No. Fee
List of forms
Title
1
1000
Application for registration of design.
2
500
Claim to proceed as an applicant or joint applicant.
3
2000
Application for Extension of copyright.
4
1000
Application for Restoration of lapsed design.
5
500
Inspection of registered design
6
500
Request for information when registration number is given.
7
1000
Request for information when registration number is not given.
8
1500
Petition to cancel registration of design.
9
500
Notice of intended exhibition or publication of unregistered
design.
15. Form No. Fee
Title
10
500(In respect
one Design)
200 (For each
additional Design)
Application for registration of a document in the
Register Design.
of
11
500(In respect of
one Design)
200 (For each
additional Design)
12
500(In respect
of one Design)
200 (For each
additional Design)
Application for entry of mortgage or licence in the
Register.
13
500(In respect of
one Design)
200 (For each
additional Design)
Application for entry of notification of a document in
the Register.
Application for entry of name of proprietor or part
proprietor in the Register
16. Form No. Fee
Title
14
500
Request for correction of clerical error.
15
500
Request for certificate.
16
500
Application for certified copy of registered design.
17
500
Application for rectification of Register.
18
200 per month
19
100
Application for extension of time for filing priority
document.
Notice of opposition.
20
500
Notice of intention to attend hearing.
21
--
Power of authority to agents.
22
200
23
500
Request to alter name or address or address for
service in Register
Request for entries of two addresses in the Register
