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Industrial Design registration process

Industrial Design registration process

Legal & Compliance

Anil Ganga

Anil Ganga

5 Oct 2020, 14:45 — 6 min read

Industrial Design

Industrial Design is also one of the Intellectual Property Rights (IPRs) like Patent, Trademark (TM), Service Mark (SM), Geographical Indication (GI) etc. 

Industrial design means creation of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to an article whether in two or three dimensional (or both) forms, which in the finished product appeal to and judged solely by the eye.

Design does not include any mode or principle of construction or anything which is a just a mechanical device. Further, trademark or any artistic work is not design. 

Legal framework in India

The registration and protection of industrial designs is regulated and administered by the Designs Act, 2000 and Designs Rules, 2001. Rules were further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The latest amendment in Designs Rules came in to effect on 30th December, 2014. The new amendments brings new category of applicant as small entity, natural person and other than small entity.

 

Benefits of design registration

  • Gives exclusive right to the registered person to the class under which the design is registered.
  • Design can be licenses for royalty or fee
  • Design can be sold to any other person like asset
  • Registered person can take legal action against any other person whoever copies / infringes his/her design

 

Period of validity of Design Registration 

1. Initially 10 years from the date of registration

2. Later it shall be renewed for every 5 years with applicable fee

It is important to note that if a design is not renewed with in time, the person who registered the design will lose the right against that design. However, there is a process for restoration of the lapsed design if the application for restoration is filed within one year.

 

How to file an application for industrial design?

1. Identify the class under which your design falls. Class details are provided below.

2. Search whether any registration already exists.

3. File application and pay fee.

4. Provide additional information or reply to objections received, if any.

5. Receive the certificate of registration.

6. Apply for renewal after 10 years.

 

Documents required (checklist) for design registration

1. Company / LLP / Firm Registration certificate

2. MOA / Partnership Deed

3. Company authorised person Aadhaar and PAN

4. Company PAN and GST Certificate (if applicable)

5. Form 1 (application form)

6. Representations and disclaimers statements

7. Original Priority document 

8. Power of authority (POA) (if filed through patent agent/advocates)

9. Affidavit by the applicant (if small entity status is claimed)

10. Registration certificate under MSME (if small entity status is claimed)

11. Application fee DD / online payment

 

Note: Application fee is reduced, if applicant is registered under MSME / Ugyog Aadhaar.

 

Also read: Udyam Registration - All about the new MSME Registration Process

  

List of classes (Third Schedule)

Class 1  Food stuffs

Class 2  Articles of Clothing And Haberdashery

Class 3  Travel goods. Cases. Parasols and personal belongings, not elsewhere specified

Class 4  Brush ware

Class 5  Textile piece goods, artificial and natural sheet  material

Class 6  Furnishing

Class 7  Household goods, not elsewhere specified

Class 8  Tools and hardware

Class 9  Packages and containers for the transport or handling of goods

Class 10  Clocks and watches and other measuring instruments, checking and signalling instruments

Class 11  Articles of adornment

Class 12  Means of transport or hoisting

Class 13  Equipment for production. Distribution or transformation of electricity

Class 14  Recording, communication or information retrieval equipment

Class 15  Machines, not elsewhere specified

Class 16  Photographic cinematographic and optical apparatus

Class 17  Musical instruments

Class 18  Printing and office machinery

Class 19  Stationery and office equipment, artists' and teaching materials

Class 20  Sales and advertising equipment. Signs

Class 21  Games, toys. Tents and sports goods

Class 22  Arms, pyrotechnic articles. Articles for hunting. Fishing and pest killing

Class 23  Fluid distribution equipments, sanitary, heating. Ventilation and air-conditioning equipment. solid fuel

Class 24  Medical and laboratory equipments

Class 25  Building units and construction elements

Class 26  Lighting apparatus

Class 27  Tobacco and smokers' suppliers

Class 28  Pharmaceutical and cosmetic products, toilet and apparatus

Class 29  Devices and equipment against fire hazards. For accident prevention and for rescue

Class 30  Articles for the care and handling of animals

Class 31  Machines and appliances for preparing food or drink not elsewhere specified

Class 99  Miscellaneous

 

Corresponding Address

Deputy Controller of Patents & Designs, Patent Office

Intellectual Property Office Building

CP-2 Sector V, Salt Lake City, Kolkata-700091

Email: controllerdesign.ipo@nic.in

 

Also read: India to promote 24 key sectors in manufacturing

 

To explore business opportunities, link with me by clicking on the 'Connect' button on my eBiz Card.

 

Image source: shutterstock.com 

 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views, official policy or position of GlobalLinker

Posted by

Anil Kumar Ganga

"Ananya legal LLP" is a full service, dynamic, and trustworthy Corporate Advisory and Legal Consultancy Limited Liability Partnership (LLP) Firm that specializes in a...

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