REGISTRATION OF DESIGN

REGISTRATION OF DESIGN

In our daily life we see a lot of artificial articles and things which carries a specific shape or dimensions which enable us to identify that article and create a impression in our mind to its manufacturer. That specific shape or dimension is called “Design”. Legislation has defined the design per Section 2(d) as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in 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.

Design has been identified as the Intellectual Property Right of the person who creates or draws such shape, configuration or pattern using his skills.

Points to be taken care before making application of design (Section 4):

·         Design shall be new and original

·         Design shall not have been disclosed to the public anywhere in India or abroad by any publication or use prior to the date of filing

·         The Design shall not resemble with the designs already registered.

·         The design shall not be any scandalous or obscene material.

·         Any work which consist any literal or artistic work cannot be applied as the Design such as paintings, books etc.

Step wise procedure:

·         Any person being the proprietor of a new or original design or the legal representative or the assignee can apply for the registration, which includes any partnership firm and body corporate.

·         Before applying for the registration of design the department may be approach for the search of the design through Form-7 (Rs. 1000/-). It may be taken note that the Form-7 is submitted only to the Kolkata Office. The zonal offices are entitled to take only Form-1. Hence, any request to search shall be submitted to the Kolkata Office only. However if the registration number is know then Form No. 6 (Rs. 500/-)

·         The search is not mandatory, however, recommended. An application for the registration may be made to the department at the Address under Form -1 with a fee of Rs. 1000/-. The Application shall be submitted to the Design Wing of the Patent Office at "Intellectual Property Office", CP-2, Sector V, Salt Lake, Kolkata - 700 091 or any of the Branch Offices of the Patent Office at Delhi, Mumbai and Chennai. The Application (Form-1) shall be accompanied with:

                                 (i).            Cheque of Rs. 1000/- drawn in favor of The Controller of Patents, Kolkata.

                               (ii).            Representation (in quadruplicate of size 33 cm x 20.5 cm with a suitable margin) of the article. Drawings \ sketches should clearly show the features of the design from different views and state the view (e.g. front or Bide).

                             (iii).             A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated.

                              (iv).            Power of attorney (if necessary).

                                (v).            Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000.

The Department shall analyze the application and shall communicate the applicant about any defect thereto. After rectification of the defect, a certificate of registration is issued in the name of the Applicant.

Disclaimer: The procedure mentioned above is based upon the individual analysis of the author. Author or any of its associates shall not be liable for any damages, of whatsoever in nature, caused due to any person acting solely on behalf of this article.