Design

Designs Registration in India

An application is to be made under the Designs Act and the Design Rules with the following requirements.

Application in prescribed form, stating the class and the article
Copies of representation of the design
If it is desired to register the same design in more than 1 class separate applications will have to be made.
The controller may request the applicant to state the purpose for which the article will be used.
A brief statement of the novelty claimed may be required.

Examination and Acceptance

Upon receipt of an application for registration the controller may cause the application to be examined and shall issue a First Examination Report to the applicant stating his objections, if any. The applicant must reply to the objection within 3 months from the date of examination and will be considered to have deemed to have withdrawn his application.Accordingly if the objections are waived, the application proceeds towards registration.

Registration and publication

After the Application has been has been accepted, the particulars of the application and the representation of the article is registered and published.

Cancellation

For cancellation of a registered design a petition in Form 8 is to be made out (2 copies) as well as a statement of case consisting the facts and grounds on which he relies on for cancellation.(2 copies).

In the event of the cancellation being made by a person other than the Registered Proprietor, the petition as well as the statement is required to be given by the controller to him.

In reply, the Registered proprietor shall file a counter statement, setting out the grounds on which he intends to rely on his application.

Thereafter both sides file their respective evidences and the matter finally matures to hearing.

Rectification

On an application for rectification, the interested parties are notified and the application is advertised in the Official Gazette. The opponent must file a notice of opposition within 3 months of the advertisement in the Official Gazette. The opponent then needs to file a written statement stating the facts, grounds on which he relies and the reliefs sought.

The parties must then file their respective evidences and finally the matter matures for hearing.

Renewal

A design registration is in force for a period of 10 years and may be extended for a further period of 5 years

Services Provided

Design Search
Preparing & Filling of Design
Handling the procedures for Registration
Infringement Cases