Design registration procedure
The first thing to note is that the application for registration of a design or model can be filed with five different authorities:
– Controller Design Patent Office in Kolkata
– Patent Office in Delhi
– Patent Office in Ahmedabad
– Patent office in Mumbai
– Patent Office in Chennai
When an application is submitted to any of the four offices in Delhi, Mumbai, Chennai and Ahmedabad and returned to the head office in Kolkata,
Here is the design registration filing application process:
The application should be filed with Form 1 with the following details: – Name of applicant. – Applicant’s address. – Nationality of the applicant. – In the event that the applicant is not a natural person, i.e. a company, etc. You must include information about the place of incorporation and the legal status of the entity. – Mandatory fees applicable.
Class and subclass of articles according to the Locarno classification, of articles embodying the design or model.
The name of the item to which the design is applied.
design representation. In the event that the drawing is two-dimensional, two copies of the drawing must be submitted. In case the design is three-dimensional, two copies of the design from the front, back, top, bottom, and both sides must be submitted. Apart from this, the applicant should also highlight the unique features of the design that set it apart from any other existing design.
If the application is for registration of the design in more than one class, there must be a separate application for each class of registration.
Each representation concerning mechanical processes, marks, numbers, letters, etc. must be accompanied by a disclaimer or novelty statement. It must be duly signed and dated on each representation of the applicant or the person authorized on behalf of the applicant.
After filing the application, the Patent Office will review the application and raise objections, if any. Upon approval or removal of all objections, a copyright certificate will be granted to the design by the Patent Office.
The registration of the design is valid for ten years from the date of registration.
The registration period can be extended up to 5 years by submitting an application through Form 3 before the expiration of the first ten years period and paying a fee of Rs.2000.
From 2014, the Design (Amendment) Rules 2014 introduced two categories of applicants: – Natural persons – Other than a natural person The significance of this classification of applicants lies in the different fee structures that are imposed on the applicant depending on the category he belong to. calm down.
Under the category “other than a natural person”, there are two sub-categories:
other than a small unit
The benefit received by small entities is the reduction in the fee that must be paid when applying for registration of a design. The advantage of registering a design is that the holder of the registration certificate has the legal right to prevent anyone else from using the design without their permission.
In the event that the design or model is used by a third party without the knowledge of the holder of the certificate, the latter may claim damages in court. This allows him to obtain compensation from the person who infringes on his right to use the design.
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