For Design Registeration
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It is always recommended to conduct a Design Search to find out whether any such registration already exists. The design search can be conducted with help of a design practioner or the Designs office can assist you to search whether any similar design has been previously registered by filing appropriate form with prescribed fees. If the registration number is known, Form No.-6 should be filed and otherwise the representation of the article or the specimen of the article is filed Form No.-7 along with the prescribed fees.
An exact representation of the article for which the design has been applied is prepared. The representation sheet of an article should be prepared diligently showing all the aspects of design and shall be filed along with the application. Representation shall be exactly similar drawings, photographs, tracings including computer graphics or specimens of the design. It should be prepared on white A4 size paper of durable quality.
Identifying the class of design is very crucial.
The design is categorized into separate classes in order to provide for systematic registration.
The design class is identified from an internationally accepted classification according to the Locarno Agreement of Industrial Designs, which is based upon the function of the article.
The class and sub-class should be mentioned in the application. There are 32 classes identified for designs.
For Example: If the article relates to 'chair, the name should be provided accordingly and should be classified under Class 06 and sub-class -01 where it is stated as BEDS AND SEATS since it is classified in function\purpose oriented manner.
A statement of novelty should be included on the representation of a design as per the Act in order to specify the claim. Providing statement of novelty enables 1. Speedier examination and 2. Specific protection. The claim will protect the overall visual appearance of the design as described in the representation of drawing.
If the design on an article is likely to be confused with a trademark, or suggests any mechanical action or contains words, letters, numerals, etc., then in such cases a disclaimer should be included in the representation.
Fees is detremined depending on the type of applicant.
Refer:
http://www.ipindia.nic.in
/writereaddata/Portal/Images/pdf
/General-Info-Reg-of-Industrial-Designs.pdf Page 13 and 14 of 19.
Applications can be filed online or offline in either the Design Office in Kolkata or the branch offices of the Patent office in Delhi, Mumbai or Chennai along with the prescribed fees and documents.
An applicant can cliam a priority date if the design is filed for protection in convention countries. Priority date is the date of filing of the design application in any such countries. And such application shall be made in India within six months.
The design application is accompanied with :
1. Represenation Sheet
2. Form 24- For claiming status of small enitity (if appicable)
3. Proof of small entity (if appicable)
4. Priority Documents (if appicable)
After filing of the design application, it undergoes srcutinization and an examination report is isseued citing the objections raised by the examiner. The applucant has to reply to the iobjections within 6 months from date of issue.
Have a FREE CONSULTATION WITH OUR LICENSED DESIGN PRACTITIONER TODAY!!
We are available Monday-Friday, by email, phone, or chat and happy to help you with the design registration process.