What constitutes a Design : Features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article or any part of an article which is capable of being made and sold separately
Regsitrable Designs :
New or Original Designs not previously published in any country in tangible form or by use in any other way prior to the date of filing/priority date
Design applied to set of Articles :
Designs applied to a number of articles as a Set is registrable provided the articles are (i) of the same general character and (ii) ordinarily sold together or intended to be used together. Example: Tea Set, Knife Set etc.
Representation :
Exact representation of the design applied to the article for which registration is sought should be filed by way of exact similar drawings, photographs, tracings including computer graphics or specimens of the design.
Different views to the extent required for clear illustration of the complete and finished design as applied to an article or part thereof.
In case representations include name or representation of living persons consent of such person should be submitted alongwith the application.In case of deceased person consent of legal representative is required.
Representations that are not allowed :
Sectional views, exploded views.
Dotted representations for indicating any variable design aspect. Dotted lines can indicate elements not part of claimed design.
Dimensions or engineering symbols
Types of Applications:
1. Ordinary Application -without claim for priority
Filing in India - within 6 Months from date of filing of Conventional Application
Certified copy of priority document -within 3 months from the filing in India.
Classification of Goods:
India follows the International Classification for Industrial Designs - Locarno Agreement.
RENEWAL:
The Registration remains in force for a period of 10 years and thereafter is renewable maximum for a further period of 5 years.
The documents and information required
Full name, address and nationality of the applicant
Clear representation of the design applied to the product/ article by way of photographs or drawings of the finished form of the article with the design applied there on covering the following views
Front
Back
Perspective
Side view
Name of the article on which the design is applied
Identification of novelty in the design since a design can be registered based on any one or more of the novelty residing in the features of
Shape and configuration
Surface pattern or ornament
Composition of lines or colours, please identify the novelty residing in the design
Supporting documents required post filing
A power of attorney – simple signature, no legalization or notarization
