Industrial Designs in India

WHO CAN FILE A DESIGN

Any natural person or a Legal entity can file a Design application in selected specification of classes.  The Applicant for Design under Indian Design Law can also be filed by a foreign national and/or Legal entity as well. In order to file an application in India in the name of a foreign entity who does not have a principal place of business in India, an application can be filed through an Indian attorney.

SELECTING A DESIGN

The design to be selected for registration should be original and novel in nature. The protectable matter in a design application includes visual elements such as features of shape, configuration, pattern, composition of lines or colours, etc., which could be either two-dimensional or three-dimensional form, which are applicable on a product. The important thing to note is that the design only protects the visual appeal of a product, and not the product’s technical and functional features

FILING A DESIGN APPLICATION

Once a trademark has been finally selected, an application for trademark can be filed. The filing is to be done both online and offline. Following are the particulars to be kept in mind: Name, Legal status, Nationality and Address of Applicant. Name of the Article to be protected representation of the design from 6 angles i.e. front, back, left, right, top, bottom. 2 copies of such representation Class goods for which registration is sought Power of Attorney, in original Priority documents, if any Statement of novelty from the Applicant, to be given along with the representation The application can be filed online, but within 1 month of filing the Application hard copies of the Application, the representation and the Power of Attorney is to submitted at the Designs Office in Kolkata.

EXAMINATION OF DESIGN

Once the Application has been filed, it will be examined at the Designs Office, to see if it complies with all rules and regulations. The examination report is usually issued within 1-2 months. The examiner can either accept or object to the Application: Acceptance: If there are no objections, either substantive or formal, the mark shall directly proceed towards registration. There is no opposition period provided for design applications in India. Objection:  However, if there are objections then it is communicated to the applicant who is required to comply with the objections within 6 months from the date of filing of the application. If Examiner is not yet satisfied, a hearing will be appointed to determine if the application is accepted or not.

REGISTRATION OF DESIGN

Once a design is accepted, it will directly proceed towards Registration. The design is registered for a period of 10 years from the date of filing of the application, and the protection period can be further extended for a period for another 5 years.