Taj Trademark Services :: Design

In general, a design is the outer outlook of an article that a naked eye can see. The definition of a Design as per the act provides that a design means only the features of shape, configuration, pattern or ornament applied to any article 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 trademark.

The Design Law in India is governed by the Designs Act, 2000. The old Design Act, 1911 was amended in 2000 to incorporate the amendments which were rendered necessary because of the tremendous progress made by India in the field of Science and Technology. The said Act was amended with a view to provide more protection to registered designs and to promote design activity in order to promote design element in an article of production
 

Salient Features Of Indian Design Law ...........

PROTECTION

- The Indian Design Law has provisions to protect the AESTHETIC FEATURES of an article.

PROHIBITION

The Indian Design Law prohibits the registration of following designs:-

(a) Which is not new or original.
(b) Which has been disclosed to the public in India or any other country.
(c) Which is not significantly distinguishable from known designs or combination of known designs.
(d) Which comprises or contains scandalous or obscene matter.

 

CLASSES

All the goods are divided into 32 classes for the purpose of registration, keeping in view the Intellectual Classification of goods.

TERM

A design is registered for a period of 15 years, subject to the renewal of the same.

RENEWAL

Registration is valid for a period of 10 years and is to be extended, thereafter, for a period of 5 years by payment of extension fee.

ASSIGNMENT AND TRANSMISSION

A registered design is assignable and transmissible and the particulars of the same must be entered in the Register of Designs to entitle the person in whose favour the design is assigned or transmitted.

INFRINGEMENT

Unauthorised application of the features of a registered design to any article in any class of articles in which the design is registered amounts to piracy of the registered design.

Action for piracy of design may be instituted in a District Court or High Court having jurisdiction.

Procedure..........

Filing Requirements..........

• Full name, address and nationality of the applicant.
   
• Drawings, photographs, tracings or specimens (as the case may be).
   
• Name of article or articles to which the design is to be applied.
   
• International Class (if known).
   
• Power of Attorney.
   
• Details of first application (if any) in UK or convention country:- (A) Name of Country (B) Official Filing Date (C) Official Number

Our Services....................

PRE-REGISTRATION

• Consultation
• Search
• Filing and Prosecution of Applications
• Suitable responses to official action.
• Assignment and Transmission

POST-REGISTRATION

• Renewal
• Cancellation Proceedings.
• Infringement Suits.

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