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Design

What is a design?

Features of shape, configuration, pattern, ornament, composition of lines or colors applied to any article whether in two dimensional or three dimensional or 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 artistic work.

Why should one register their design?

  • It is a valuable asset and can be licensed.
  • Registration imparts the right to sue infringers and counterfeiters.
  • Act as a Unique Selling Point of the article.

When can a design be registered?

  • When it is original
  • When it is original
  • When it is not contrary to public order or morality.
  • When it is distinguishable from known designs.
  • When it does not contain scandalous or obscene matter.

Check-list for registration of design

Check-list for registration of design
  • Name
  • Address.
  • Nationality
  • The names of all the partners (if the Applicant is a partnership firm)
  • The country or state of incorporation (where the Applicant is a company)

Details of the design
  • Specification of the article
  • Details of the relevant class
  • Image of the article/design
  • Representation of the design which may include drawings, photographs, and tracings, computer graphics or specimens.
  • Statement of novelty

Steps to be taken before applying for registration of a design

Conducting Design Search

For registration of a design, it is a pre-condition that the design is not already published anywhere in the world. One must conduct extensive preliminary search to make sure that no similar or identical design exists. Additionally, a request may be made to the Design Office along with the design registration number (if known) or the image of the design. The prescribed fee for conducting search at the Design Office where registration number is known is INR 500. In other cases, the government fee is INR 1000.


Identifying the relevant Class

Different articles are classified under different classes to streamline the process of design registration. The design protection afforded by registration is generally limited to the particular class in which the registration was made. Therefore, one must carefully consider the specifications of one’s articles to make sure the registration is done in the correct class.


Registration Process

Once an application for registration is made, the formal compliances are checked at the stage of formal evaluation. Afterwards, detailed evaluation is conducted by the examiner to confirm that the design is registerable. If no defects are found in the evaluation, then the Application is accepted and published in the official journal. Thereafter, Certificate of Registration is issued. We at SGA have a team of well-trained lawyers who are capable of dealing with all the intricacies of design registration and provide assistance in drafting and filing of all the documents and forms pertaining to design registration. We also attend hearings fixed by registry of patent and design.