What is a Registered Design?

What is a Registered Design?

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What is a Registered Design?
What is a Registered Design?

Registered Design

Registered Design” is a design that is registered under the Designs Act, 2000.

  • What is a design in the first place? A design is as follows-
  1. Features of a shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article, either in two or three dimensional or both forms.
  2. It may be applied by an industrial process, which in the finished article appeals to and judged solely by the eye. An “article” here is any article of manufacture and any substance artificial or partly artificial and partly natural and it consists of any part of an article which is capable of being made and sold separately.
  3. It may be applied in an industrial process, which in the finished article appeals to and judged solely by the eye.
  4. It does not include any mode or principle of construction or anything which is a mechanical device.
  5. It also does not include any trade mark or any artistic work.

This can be understood with an example-The shape of a “Kutub Minar” is known to everyone. When this shape is used for a cigarette holder, it is a design which can be registered. However, if the design would not involve any real mental activity for conception, then it would not be registered.

  • When Design would be registered? A Design would be registered in following cases-
  1. It should be a new or original design.
  2. It should not be disclosed to the public through publication in tangible form or by use or in any other way. This should be before the filing date or in cases before the priority date of the application of registration.
  3. It should be significantly distinguishable from known designs or combination of known designs.
  4. It should not comprise or contain scandalous or obscene matter.
  5. It should not be a mere mechanical contrivance.
  6. It should be applied to an article and should appeal to an eye.
  7. It should not be contrary to public order or morality.
  8. It should not be prejudicial to the security of India.

A design that is primarily of literary or artistic character won’t be a protected. So these                 categories are-

  1. Books, Calendars, Certificates, Forms and other documents, dress making patterns, greeting cards, leaflets , maps and plan cards, postcards, stamps, medals.
  2. Labels, tokens, cards, cartoons.
  3. Any principle or mode of construction of an article.
  4. Mere mechanical contrivance.
  5. Building and Structures.
  6. Parts of articles not manufactured and sold separately.
  7. Variations commonly used in the trade.
  8. Mere workshop alterations of components of an assembly.
  9. Mere change in size of article.
  10. Flags, emblems or signs of any country.
  11. Layout designs of integrated circuits.
  • Who can apply for registration of a design?
  1. Any person, that is, a firm, partnership, small entity, body corporate or the legal representative can apply separately or jointly for registration of a design.
  2. An application can be filed through an agent in which case a power of attorney is required to be filed.
  • What is the application procedure?

Any person who desires to register a design is required to submit the following documents to Patent Office, Kolkata or any of the Branch offices of the Patent Office at Delhi, Mumbai and Chennai:-

  1. Application duly filed in the prescribed form (Form-1) along with the prescribed fees, stating name in full, address and nationality, name of the article class number and address for service in India. It should be signed either by applicant or by his authorized agent. For small entity, Form 24 and documentary evidence thereof has to be submitted along with Form 1 and representations.
  2. Representation (in quadruplicate or durable paper of size 210 mm×296.9 mm with suitable margin) of the article where drawings, photographs, tracings or other representations, including computer graphics shall clearly show the features of the design from different views.
  3. A statement of novelty and disclaimer (if any) in respect of mechanical action, Trademarks, work, letter, numerals, should be endorsed on each representation sheet which should be duly signed and dated.
  4. Power of attorney (if necessary)
  5. Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000.
  • What is the duration of the registration of Design?

The duration is of ten years. It can be further extended by five years.

  • Seventhly, how to check whether a designed is already registered or not?

This can be done as follows-

  1. A request is to be made for ascertaining whether registration subsists in respect of a design to the Patent Office, Kolkata.
  2. If the registration number is known, Form Number 6 is to be submitted along with the prescribed fees.
  3. If the representation of the article or the specimen of the article is filed (in duplicate), Form Number 7 is to be submitted along with the prescribed fees.
  4. Before filing an application, the applicant can also obtain information whether the design has already been registered or not by filing a request on Form Number 7.
  • How the registration of Design takes place?

Application for registration of design undergoes examination. The applications are examined according to Sections 5 and 44 of the Act. Defects or objections in the application are made known to the applicant or to his agent. The time period for removal of objection as per the examination report, is six months from the date of application which can be furtheredto three months on a request made with the prescribed fee before expiry of period of six months. An application which owing to any neglect or default of the applicant has not been completed within six months is then abandoned.

The above list relating to Registered Design is not exhaustive.

In case of further questions visit Design Registration or submit your query here.

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