Design Registration

As per the Design Act 2000, “design” means 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.

As per the Design Act 2000, “design” means 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; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark, or property mark or any artistic work.

The Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 shall be the Controller of Designs for this Act.

A design which (a) is not new or original; or b) has been disclosed to the public anywhere in India or any other country by publication in tangible form or by use or in any other way before the filing date, or where applicable, the priority date of the application for registration; or (c) is not significantly distinguishable from known designs or combination of known designs; or (d) comprises or contains scandalous or obscene matter shall not be registered.

Procedure for Grant of Design Registration Certificate

• When wanting to register a design, one needs to first search to see if any registration already exists for the design being proposed to be registered.
• After the stage of search exact representation of the article on which the design has been applied should be prepared. It should be prepared on white A4 size paper of good quality.
• Exact class and subclass of the design under which it is being sought to be registered should be mentioned.
• A statement of novelty should be included in the representation of a design as per the Act to specify the claim. This will enable speedier examination and provide more specific protection. The claim will protect the overall visual appearance of the design as described in the representation of the drawing.
• If the ornamental pattern on an article is likely to be confused with a trademark, suggests any mechanical action or contains words, letters, numerals, etc., a disclaimer should be included in the representation.
• Applications are to be accompanied by the required fee to be submitted with the Registrar of Patents.
• On acceptance of the design filed in respect of an application, the Controller shall direct the registration and publication of the particulars of the application and the representation of the article to which the design has been applied, in the Official Gazette. When publishing in the Gazette, the Controller may select one or more views of the representation of the design, which, in his opinion, would depict the design best.
• Designs registered come into force from the date of registration. Designs registered should be renewed in time for them to be valid.
• When a design is registered, the registered proprietor of the design shall, subject to the provisions of the Act, have copyright in the design for ten years from the date of registration. Copyright on registration (2) If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copy-right for a second period of five years from the expiration of the original period of ten years.