Registration of a `Design’ under the Design Act, 2000

The `design’ is defined under the Design Act, 2000  as -  `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 trade mark as  under the Trade Marks Act, or property mark as defined under  the Indian Penal Code or any artistic work as defined under the Copyright Act.

`Article’ means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately. 

Prohibition of registration of certain designs:

The Design Act prohibits registration of design-

- Which is not new or original; or

- Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or

-  Is not significantly distinguishable from known designs or combination of known designs; or

-  Comprises or contains scandalous or obscene matter.

Requirements for registration of a design:

Application in the prescribed form is required to be filed with the Controller General  of Patents and design at their office in Kolkatta, along with the prescribed fees and following documents:

• Four copies of representation of the design (drawings, photographs, tracings or other design or specimen clearly showing perspective, front and side views of the design);

• The application has to specify the goods and class (as per the third schedule to the Design Rules) for which registration is sought;

• The application has to contain a statement of novelty;

• POA as per the form to be provided by us.

• Fees as per our Schedule of Fees (to be provided on requisition)

Examination of Application and Registration of Design

The Controller examines the application and any objection or deficiency found is required to be replied/corrected within the prescribed time. The process of registration take maximum of six months in normal course.  On registration, the Controller grant a certificate of registration which shows registration of design with effect from the date of the application.  The design is registered for a period of TEN YEARS and may be renewed for a further period of FIVE YEARS.

Marking on articles on registration

On registration, the article registered under the Design Act, need to cause each such article to be marked with the word `Registered’/`Regd.’/`RD’ with registration number as he may choose (except for certain specified articles as stated in proviso to rule 26 (1) of the Design Rules.