Design means the features of shape, pattern, configuration, composition of lines , ornaments, colors, applied to any article in two dimension or in three dimension or in both forms. It is in any industrial means whether it is manual, mechanical, chemical, civil, and separate or combined, solely judged by the eyes but should not conclude any mode of construction or device. The design is considered which is new and original and not previously published or registered before. The design ought to be applied or applicable to any article by any industrial process. It should not be contained any trademark, property mark or artistic work. The design ought to be considerably distinguishable from a noted style or a mixture of noted styles. A wide style of things may be registered beneath the styles act in India. Things starting from cutlery to decorate may be registered as a style in India provided its original and not to be a mere mechanical widget. An application for style registration has to be filed with the controller of styles, the patent offices at the city. However the appliance may also be filled at any of the four branch offices of the patent office at national capital Mumbai, Chennai or Ahmedabad and therefore the application received by the branch workplaces is transmitted to the top office for the process. Registration and protection of styles in India are regulated by the styles Act, 2000 and therefore the style Rules that were enacted in 2001. The introduction of the planning Act, 2000, repealed and replaced the Act that was introduced in 1911. The planning Rules, 2001, was any amended by styles (Amendment) Rules 2008 and styles (Amendment) Rules 2014. The newest development within the rules established beneath this Act is that the introduction of a brand new class of Associate in Nursing individual that’s incorporated beneath the identity of a little entity additionally to a natural person. The first factor to be noted is that the applying to register a style is also applied to 5 completely different authorities: – Controller styles Patent {and Trademark Office Database Patent Office|agency|federal agency|government agency|bureau|office|authority} in city – bureau in Delhi|city|metropolis|urban center} – bureau in Ahmedabad – bureau in city – bureau in metropolis once an application is submitted at anybody of the four offices in Delhi, Mumbai, metropolis and Ahmedabad and area unit rerouted to the pinnacle workplace in city, the subsequent is that the application procedure for filing for a style registration:
The application should be filed with Form-1 in conjunction with the subsequent details:- Name of individual. – Address of the individual. – status of the individual. – within the case wherever the individual isn’t a natural person, i.e. a company, etc. you want to embody data concerning the place of incorporation and also the status of the entity. – the specified fee applicable.
The class and also the sub-class of the article below the Locarno Classification, of the article embodying the planning.
The name of the article to that the planning is applied upon.
Representation of the planning. within the case wherever the planning is 2 dimensional, 2 copies of the planning area unit to be submitted. within the case wherever the planning is 3 dimensional, 2 copies of the planning from the point of view of the front, back, top, bottom, and also the 2 sides should be submitted. Further, the individual should additionally highlight the distinctive options of the planning that sets it with the exception of the other existing styles.
If the applying is to register the planning in additional than one category, every category of registration should have a separate application.
Statement of disclaimer or novelty should be hooked up to every illustration with relation to mechanical processes, trademark, numbers, letters etc. it ought to even be supported and punctually signed and dated on every illustration by the individual or the authorized person on behalf of the individual.
After submission of the applying, the bureau can examine the applying and lift objections, if any. Upon the clearance or removal of all objections, the planning shall be granted a copyright certificate by the bureau.
The registration of the planning is valid for 10 years from the date of registration.
The amount of registration is also extended by associate degree other five years before the expiration of the primary 10 year period by submitting an application through Form-3 and paying a fee of Rs 2000.he first factor to be noted is that the applying to register a style is also applied to 5 completely different authorities
The application should be filed with Form- 1 in conjunction with the subsequent details:- Name of individual. – Address of the individual. – status of the individual. – within the case wherever the individual isn’t a natural person, i.e. a company, etc. you want to embody data concerning the place of incorporation and also the status of the entity. – the specified fee applicable.
The class and also the sub-class of the article below the Locarno Classification, of the article embodying the planning.
The name of the article to that the planning is applied upon.
Representation of the planning. within the case wherever the planning is 2 dimensional, 2 copies of the planning area unit to be submitted. within the case wherever the planning is 3 dimensional, 2 copies of the planning from the point of view of the front, back, top, bottom, and also the 2 sides should be submitted. Further, the individual should additionally highlight the distinctive options of the planning that sets it with the exception of the other existing styles.
If the applying is to register the planning in additional than one category, every category of registration should have a separate application.
Statement of disclaimer or novelty should be hooked up to every illustration with relation to mechanical processes, trademark, numbers, letters etc. it ought to even be supported and punctually signed and dated on every illustration by the individual or the authorized person on behalf of the individual.
After submission of the applying, the bureau can examine the applying and lift objections, if any. Upon the clearance or removal of all objections, the planning shall be granted a copyright certificate by the bureau.
The registration of the planning is valid for 10 years from the date of registration.
The amount of registration is also extended by associate degree other five years before the expiration of the primary 10 year period by submitting an application through Form-3 and paying a fee of Rs 2000.
By this whole design registration process the legal design can be filed and holder can use it for real long time period. Even having a design is the beneficial and profitable for the business or industries.
