You are supposed to fill your details in our simple questionnaire and submit documents.
Our experts would draft your application and will apply accordingly.
We will share the Application No. given by the authority.
We will ask certain basic details from your end.
Representation (in quadruplicate on durable paper of size 210mm x 296.9 mm
with a suitable margin) of the article where drawings, photographs, tracings or
other representationsincluding computer graphics should clearly show the
features of the design from different views.
‘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 anything 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.
The duration of the registration of a design is 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 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.
1. The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter. 2. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. 3. The design should be applied or applicable to any article by any industrial process. 4. The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. 5. Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act. 6. The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.
1. To give protection to your new and original design 2. To prove as a prima facie evidence in court in case of infringement
Design registration is not mandatory, but it is advisable to register for the protection of the design.