7 7 general information booklet for registration of design

8/6/2019 7 7 General Information Booklet for Registration of Design

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- .

-INFORMATION BOOKLET

I FOR APPLICATNTS FOR _ -



Prepared bg Officeof the Controller General of Patents,

Designs and Trade Marks,

The Patent Office

Intellectual Property Office

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

Disclaimer

This information booklet provides basic information and guid-

ance to potential users of the Design registration system in the

Design Office, Kolkata, Information provided in this document

is not exhaustive and may be read in conjunction with the de-

signs Act, 2000 and Rules, 2001 and as amended in 2008. The

guidelines in this document relating to the prescription of time

limits, procedures, etc, are meant for guidance of the staff and

members of the public. The provisions of the Design Act, 2000

and the Designs rules, 2001 will, in all cases of disagreement,

prevail. Instructions of the Government of India issued from

time to time will also receive precedence over the guidelines in

this document.



Thc I'atcnL Officc ( U s s i g n M ng)

What is a Design? A Design refers to the features of shape, configuration.pattern, ornamentation or composition of lines or

colours applied to any article, whether in two or three

dimensional (or both) forms. This may be applied by

any industrial process or means (m anual, mechanical

or chemical) seperately or by a combined process,

which in the finished article appeals to and judged

solely by the eye. Design does not include any m ode

or principle of construction or anything w hich is mere

mechanical device. It also does not include any trade

mark or any artistic work.

Benefits of Design The registrat ion of a design confers upan the

Registration registered proprietor the exclusive right to apply adesign to the article in the class in which the design

has been registered.

A registered proprietor of the design is entitled to a

better protection of his intellectual property. He can

sue for infringement, if his right is infringed by any

person. He can license or sell his design as legal

property for a consideration or royalty. Registrationinitially confers this right for ten years from the date

of reg istration. It is renewable for a further period of

five years. If the fee for extension is not paid for the

further period ofreg istration within the period of initial

registration, this right will cease. There is provision

for the restoration of a lapsed design if the application

for restoration is filed within one year from the date

of cessation in the prescribed manner.

Essential A design should :Be new or original

requirements for

regis iation Not be disclosed to the public any where by

publication in tangible from or by use or in any

other way prior to the filling date, O F where

applicab le, the priority date of the application for1

registration.



The I'alcnt Otficc (Design Wing)

Be significantly distinguishable from known

designs or combination of known designs.

Not comprise or contain scandalous or obscenematter.

Not be a mere mechanical contrivance.

Be applied to an article and should appeal to the

eye.

Not be contrary to public order or morality.

Exclusion from Designs that are primarily literary or artistic in

scope of design. character are not protected under the Designs Act.

These will include :

books, jackets, calendars, certificates, forms-and

other documents, dressmaking patterns, greetingcards, leaflets, maps and plan cards, postcards,

stamps, medals.

labels, tokens, cards, cartoons.

any principle or m ode of construction of an article.

mere mechanical contrivance.

buildings and structures.

parts of art icles not manufactured and sold

separately.

variations comm only used in the trade.

mere workshop alterations of components of an

assembly.

mere change in size of article.

flags, emblems or signs of any country.

layout designs of integrated circuits.

W ho cm apply Any person or the legal representative or the assignee

for rgSv"n can apply separately or jointly for the registration of

o f a Desig- a design. The term "person" includesfirm, artnership

2



'The Patent Otfice (Design Wing)

W ho can assist

in registration

o f D esign?

and a body corporate. An application may also be filed

through an agent in which case a pow er of attorney is

required to be filed.

The Design Wing of the Patent Office may be

approached for finding out whether a design has been

previously registered or not on prescribed form. An

Application for registration of desig n may be

prepared e i ther by the app l ican t o r w i th the

professional help of attorneys. A list of patentattorneys is available in the Register of Patent agents

maintained by the Patent Office and also available in

www.pindia.nic.in

Findings out The Design Wing of the Patent Oftice can assist if an

whether any application for search is made or an applicant can

registration inspect the Register of Designs. To request for a search

already exists. by the Design Wing of the Patent Office, the followingdocuments should be filed to find out whether any

registration exists in respect of any design :

( I ) If the registration number is known, From No.

6 alongwith the prescribed fee of Rs. 5001-

(2) If the representat ion of the ar t ic le or the

specimen of the article is filed (in duplicate),

Form No. 7 alongwith the prescribed fees ofRs. 1,0001-

Note :Before frling an application, the applicant can

also obtain information whether the design has

already been registered or not, by filing a

request in Form 7.

t

Priority D ate in Any person who has applied for protection for any

caseofConvention design in the convention countr ies or group ofApplication co u n t r ie s o r co u n tr ie s w h ich a r e m em b er s o f

in te rgovernmenta l o rgan iza t ions , o r h i s l ega l



I l i c Patent Oftice (Design Wing)

representative or assignee, either alone or jointly with

any other person, is entitled to claim registration ofthe said design citing a priority date in India. This

date is the date of filing of the application in any of

the count r ies ment ioned above . However , the

application should be made in India within six months

from the date of the earliest application for registration

in those countries.

Canee"ationAny interested person can file a petition to theof Reg isteredController seeking the cancellation of a registered

Designdesign at any time after the registration of the design.

An application for cancellation is admissible on the

following grounds :

that the design has been previously registered in

India : or

that it has been published in India or in any other

country prior to the date o f registration ; r

that the design'is not a new or original design ;or

that the design is not registrable under this Act ;or

Statutory time for it is not a design as defined under of section 2(d).

the acceptance o f

an application?An aplication for registration of a design should be

accepted wi th in s ix months f rom the da t e o f

application which may be extended up to three months

on F-18 by the applicant with the prescribed fee.

~~~~~~~i~~ of the Any person can inspect the Register of Designs upon

Register o f request to the Controller with prescribed fee. This will

Design enable an applicant to find out whether a design hasbeen previously registered or not.

Fees The fees for the registration and renewal o f a design

are :



The Patent Office (Design Winrr)

Application for registration of design Rs. 1,0001-

Extension o f copy right Rs. 2,0001-(A detailed schedule of fee is available on page 21).

Application

Procedure

Any person who desires to register a design is requiredto submit the following documents to the Design Wing

of the Patent Office at "Intellectual Property Office",

CP-2, Sector V, Salt Lake, Kolkata - 700 091 or any

of the Branch Offices of the Patent Office at Delhi,

Mumbai and Chennai. The applications received bythe Branch Offices shall be transmitted to the Head

Office for processing and prosecuting.

(i) Application duly filed in on the prescribed form

(Form- I) along with the prescribed fees, stating

name in full, address, nationality, name of thearticle, class number, address for service in India.The application shall also be signed either by

the applicant or by his authorized agent.

(ii) Representation (in quarduplicate of size 33 cmx 20.5 cm with a suitable margin) of the article.Drawings \ sketches should clearly show the

features of the design from different views and

state the v iew (e.g. front or Bide).

(iii) A statement of novelty and disclaimer (if any)

in respect of mechanical action, trademark,work, letter, numerals should be endorsed oneach representation sheet which should be duly

signed and dated.

( P le as e s e e gu ide lin e s f o r p r e par a t ion o f

representation sheet on page 13-14)

(iv) Power o f attorney (if necessary).

(v) Pr ior i ty docu men ts ( i f any) in case ofconvention application claimed under Section

44 of the Designs Act, 2000.



I'hz Patent Office (DesignWing)

(List of countries under Paris Conversation and WTOmav be seen on puge 1 7-20).

An application accom panied by the prescribed fee and

four copies of the representation of the design, on

receipt at the office. are numbered and dated in theProcedure for

The Patent Office and taken up for examination.R egi s tra t i on

of designs The number accorded to an application is in the order

of its receipt and the da te accorded to an application

is the actual date of its receipt in the office.

Note : Ap p l i ca t io n s u n a cco m p a n ied w i th t h e

prescreibedfee or cop ies of the representation of the

design will not be numbered and dated until the

receipt of the fee or cop ies o f the representation of

the designs. The date allocated for such applications

is the actual date o f the receipt of all the documents

in the ofice, and not the earlier date on which theapplication wasJirsr received in the office

Defects in the appl icat ion, i f any, not iced on

examination of the application are communicated to

the applicant or to his agent at the address for service.

The defects should be corrected and the application

resubmitted to the Design of the Patent Office for

acceptance within six months or within the extended

period from the official date of the application.

Acceptance & Notification :- An application is

accepted when all the shortcomings have been

rectified. It is then notified in the Patent Office journal

which is published on every Friday.

Refusal :- In case the defects as required by the

Controller are not rectified, a personal hearing will

be provided to the applicant. After hearing thecontroller will decide whether the application should

be accepted or not.



The Patent Office (Design Wing)

The decision of the Controller will be communicated

in writing to the applicant or his agent stating the

reasons for the decision.

Appeal :- Any person aggrieved by the decision of

the Controller refusing to register a design may appeal

to the High Court. The appeal should be made within

three months f rom the date of the Control ler ' s

decision.

Abandonment :- An application which owing to any

neglect or default on the part of the applicant has not

been completed so as to enable registration to be

effected within six months or within extended period

will be treated as abandoned. Such an application

cannot be revived an d no further action will be taken

on it by the Design Wing of the Patent 'Office.

The fo l lowing s ta tement of novel ty should be

mentioned on the representation of a design as perthe Act. :

"The novelty resides in the shape and configuration

of the article a s illustrated."

"The novelty resides in the portion marked as 'A ' and

Standard Form 'B ' of the article as illustrated."

of the statement "The novelty resides in the ornamentation or surface

of novelty pattern o f the article a s illustrated."

Example : The nove l ty r es ides in the f lo ra l

ornamentation of the carpet as illustrated.

If the ornamental pattern on an article is likely to be

confused with a trade mark, a disclaimer may be made

in the following manner :-

No claim is made by virtue of this registration to

any right to the use as a trade mark of what is

shown in the representations.

7




Form ofIf the representation suggests any mechanical action

of the article a disclaimer may be inserted in thedisclamers following manner :-

No claim is made by virtue ofthi s registration in

respect of any mechanical or other action of the

machanism whatever or in respect of any mode

or principle of construction of the article.

If the representat ion contains words, le t ters ,

numerals,etc., a disclaimer may be inserted in the

following manner :.-

No claim is made by virtue of this registration to

any right to the exclusive use of the words, letters,

numerals, flags,crowns, etc. appearing in the

design.

A representation sheet of an article is an important

document required to be filed in quarduplicate along

with the application for registration. Representationmeans the exact representation of the article on which

G u i d e l i n e s f o rthe design has been applied. It should be prepared on

the preparatin of white A 4 size paper of durable quality but should notrepresentation be prepared on card board or should not be mountedsheet on other paper.

The following points should be considered while

preparing a representation.

The article must be shown in isolation and features

oft he design must be clearly and accurately visible.

The article shown in the drawing should be

consistent with the name of the article mentioned

in the application form. The name of the article

should be such that is known in the trade.

The margin of the representation sheet should be

one and half inch on all sides.




The figure shown should be of sufficient scale in

order to visualisze all the details of the features ofthe design applied to the article.

The figure should be shown in upright position with

respect to top and bottom position of the sheet.

The name of the applicant should be mentioned in

left hand top comer of the sheet.

The total number of sheets and sheet number should

be mentioned in the right hand top comer of thesheet.

The signature of the applicant \ agent should bemade in the right hand bottom comer mentioningthe name of the signatory thereunder.

No descriptive matter or denoting the components

by reference letter\numerals should be includedother than showing the particular portion of the

article where novelty resides.A suf f ic ient number of v iews should beincorporated in the representation sheet in order toshow the article completely and to visualize theexact nature of the design clearly.

No sectional view should be incorporated in the

representation sheet.

No dimensions or engineering symbol etc. should

be mentioned in the representation sheet. Therepresentation is not to be regarded as engineeringdrawing o f the article.

Unnecessary matter not being the feature of the

design such as Trade Marks, Letters, Numerals etc.should not be included. However, if it is integralwith the article so represented a disclaimer to thateffect should be provided.

Photographs should be covered with cellophane

paper in order to prevent it from sticking to other

pages.

9




Drawings should be clear and should be prepared

in a manner that clear reproduction of the v iews is

possible on imaging and are reproduceable by

photocopying.

A clear photocopy of the original representation

shee t may be f i led fo r o ther cop ies o f the

representation sheet except when a photograph o f

the original representation has been filed.

No extraneous matter or background support

surface, shadows, brick walls, trees etc. should

appear in the representation sheet.

Hidden parts that are not visible in the finished

article should not be shown. Exploded view should

be avoided.

In order to represent a set, the whole set should be

shown clearly with different views as required.

Perspective views are most preferable. Odd ang le

views which distort the shape should not be filed.

A brief statement of novelty, claim of features o f

design, which is new and original, are required to

be mentioned on each set of representation sheet.No description stating the features of the design

should be incorporated.

If there is any other mater appearing in the

representation not being the feature (s) of the

design, a statement of disclaimer is required to be

mentioned in each set of the representation sheet

as required.

Designs are required to catagorize in separate classes

in order to provide for systematic registration. AnInternational classification of Industrial Designs

10



The Patent Ofice (Design Wing)- - -- - - - - -- - -

Classification of according to the Locarno Agreement has been

designs in classes introduced in the Design Rule 2001 & as in(Amendment) Rules 2008 .The classification ofgoods

is based upon the function of the classification of

goods is applied. There are classes and most of the

classes are further devided into sub-classes. These

classes and sub-classeses are mainly function oriented.

In some specific cases, the function of the article is

required to be mentioned along with the name article

in the application form for the purpose of

classification.

Normally, the name of the article should be such that

is common 1 familiar in the trade or Industries. The

name of the article as mentioned in the application

form should correspond with the representation of the

article a s filed.

Example : f the article relates to "chair' or sofa-cum-

bed', the name should be provided accordingly and

should be classified under Class 06 and sub-class -01

where it is stated as BEDS AND SEATS since it is

classified in function\purpose oriented manner.

(Details ofLocarno Classificationmay be seen atpage

23).



The Patent Office (Design Wing)-- - -FLOW C HART OF DESIGN APPLICATION UPTO ACC EPTANCE

Objedon(s)

Complianceof

Objection(s)

WaivingI emoval

of Objection(s)

In case of allowance

of appeal



The Patent O fi ce (Design W in d

Prescribed times under the Designs Act, 2000 and Rules, 2001

[a) Application for registration of

Design claiming priority date

under Paris Convention 1WO[b) Application for extention of tim

for filing.

Application for registration ofassignment or of instrument for

change of ownership

Compliance of all requirements

FM making application in order

for acceptance

Application for extension of period

of copyright for 5 years

Application for restoration of

lapsed design due to non payment

of fee for extension of copyright

[a) Petition for cancellation for the

the registration

[b) AppeaVreference to High Court

against the order of theController.

kpplication for registration of

iesign after first exhibiting he

4ppeal to High Court against the

iecision of Controller ngarding

jubstitution of applicants before

.egistration.

-ectio~

Rule!

ection

W X a )

Rule IS(:

W X a )

Section

430(3)

Rule 18(

Section

11(2)

Section

Rule 29

Section

19U)

Section

2Ub)

Section

2Ub)

Section

-

-orn

-om I

=o m 18

:om I[

-

'om 3

:om 4

-'om 8

-5

Prescribed time

Within 6 months from date of earliest fil~ngn

the country (s) under Paris Convention ,WTO

Alongwith application or within 3 months

from the day of filing

Within 6 months from the date ofexecution of assignmentiinstrument. Further

extention of 6 months available.

Within 6 months or witlun extended period

upto 3 months from the date of filing.

Before the expiry of initial period of 10 years

Within one year from date of cessation.

Any time during existence of copynght.

Any time during existence of copyright.

Within 6 months from the date of exhibition.

Within 3 months from the date of decision

of the Controller.

During the period before registration




Filling of original documents Rule 3(l

where the corresponding document

already sent by e-ma iV7elefm.

Request for alteration of nam e, Rule 3 Iaddress and address for service

in the register of Des igs .

Petion for enlargement of time Rule 47

as prescribed under the Rules.

~ o r m l Prescribed time '1Within 15 days from date of Telefaxle-mail.

No time limit has been prescribed for the following procedures :

Form 22

(1) Application for inspection of Registered Design 1Register of

Designs

No time has been prescribed.

(2) Application for certified copy of any document required for

legal purpose.

(3) Request for information after conduct of search.



The Patent Office Design Wing)

Member Countries of World Trade Organisation

As on 31st December 2009

Albania

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Austria

Behrain

Bangladesh

Barbados

Belgium

Belize

Benin

Bolivia

Botswana

Brazil

Bumei DarusslamBulgaria

Burkina Faso

Burundi

Cambodia

Cameroon

Canada

Central African Republic

ChadChile

China

Colombia

Congo

Costa Rica

Cote d'lvoire

Croatia

Cuba

Cyprus

Czech Republic

Democratic Republic

of Congo

Denmark

Djibouti

Dominica

Dominican Republic

Ecuador

EgyptEl Salvador

Estonia

European CommunitiesFigi

Finland

Former Yogoslav

Republic of Masidonia

France

Gabon

The Gambia

GeorgiaGermany

Ghana

Greece

Grenada

Guatemala

Guinea Bissau

Guinea

Guyana

Haiti

Honduras

Hong Kong, China

Hungary

Iceland

India

Indonesia

Ireland

Israel

Italy

Jamaica

Japan

JordanKeneya

Korea, Republic of

Kuwait

Kyrgyz Republic

Latvia

Lesotho

Liechtenstein

LithuaniaLuxembourg

Macao, China

Madagaskar

Malawi



The Patent Office (Design W ing)

Malaysia

Maldives

Mali

Malta

Mauritania

Mauritius

Mexico

Maldova

Mongolia

Morocco

Mozambique

Myanmar

Namibia

Nepal

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Pakistan

Panama

Papua New

Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Rwanda

Saint Kitts and

Nevis

Saint Lucia

Saint Vincent &

the

Grenadines

Saudi Arabia

Senegal

Seirra Leone

Singapore

Slovak Republic

Slovenia

Solomon Islands

South Africa

Spain

Srilanka

Surinam

Swaziland

Sweden

Switzwerland

Chinese Taipei (Taiw an)

Tanzania

Thailand

Togo

Trinidad and Tobaggo

Tunisia

Turkey

Uganda

United Arab Emirates

Uviteti kingdom

United States of

America

Uruguay

Vinezuela

Vietnam

Zambia

Zimbabwe

( Total : 150 Countries are members)



The Patent Oftice (Design Wing)

Countries party to the Paris Convention

Albenia ChinaAlgeria Colombia

Andorra Comoros

Antigua and Barbuda Congo

Argentina Costarica

Armenia Cot d'lvoire

Austria Croatia

Australia Cuba

Azerbaijan CyprusBahamas Czech Republic

Behrain Domestic People's

Bangladesh Republic of Korea

Barbados Democratic Republic of

Belarus the Congo

Belgium Denmark

Belize Djibouti

Benin DominicaBhutan Dominican Republic

Bolivia Ecuador

Bosnia and Herzegovina Egypt

Botswana El Salvador

Brazil Estonia

Bulgaria Finland

Burkina Faso France

Burundi GabonCombodia Gambia

Cameroon Georgia

Canada Germany

Central African Republic Ghana

Chad Greece

Chile Grenada

GuatemalaGuinea Bissau

Guinea

Guyana

Haiti

Holy See

Honduras

Hungary

IcelandIndia

Iran (Islamic Repub-

lic of)

Iraq

Ireland

Israel

Italy

JamaicaJapan

Jordan

Kazakhastan

Keneya

Kyrgyzstan

Lao People's

Democratic Republic

LatviaLebanon

Lesotho

Lyberia

Libyan Arab

Jamahiriya

Liechtenstein




Lithuania

Luxembourg

M adagaskar

Malawai

Malaysia

Mali

Malta

MauritaniaMauritius

Mexico

Maldova

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Namibia

Nepal

Netherlands

New Zealand

Nicaragua

Niger

NigeriaNorway

Oman

Pakistan

Panama

Papua New Guinea

Paraguay

Peru

(Total : 171 Countries)

Phippines

Poland

Portugal

Qatar

Republic of

Korea

Romania

RussianFederation

Rwanda

Saint Kitts and

Nevis

Saint Lucia

Saint Vincent &

the Grenadines

San Marino

Sao Tome and

principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra LeoneSingapore

Slovakia

Slovenia

South Africa

Spain

Sri Lanka

Sudan

SurinamSwaziland

Sweden

Switzerland

Congo

Syrian Arab Republic

Tajikistan

The former YugoslavRepublic of Macedonia

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Uganda

Ukraine

United Arab Emirates

United Kingdom

United Republic of

Tanzania

United States of

AmericaUruguay

Uzbekistan

Venezuela

Vietnam

Yemen

Zambia

Zimbabwe



Th e Patent Office (Design Wing)

FEES

IS . No. On what payable Form No. Fee 1On application for registration of ~ e s i ~ nnder Section 5 and 44

On claim under Section 8( l ) to proceed as an applicant orjoint applicant

On application for extension ofcopyright under Section 1l(2)

On Application for Restoration of lapsed design under Section 12(2)

Additionalfee for Restoration

Inspection of Registered design under Section 17(1)

On request for information of design when registration no. given

On request for information design when registration no. not given

On application for cancellation of design under Section 19

Notice of intended exhibitionor publication of an unregistered design

under Section 21

Application for registration of a document in Register of Designs under

Section 30 (3)

In respect of one Design

For each additional Design

One application for entry of name of proprietor or part inRegister of Designs under Section 30

In respect ofone Design


On application for entry of mortgage or licence in Register of designs

under Section 30

In respect ofo ne Design


Appliation for entry of notification of a document

in the Register of designs under Section 30 and

Rules 37 espect of one DesignFor each additional Design

On request for correction ofclerical error under Section 29.

On request for certificate under Section 26 and Rule 41

On application for certified copy of Registered design Under Section

170)On application for rectification of Register of design Under Section 31.




19. On application for extension of time for filing priority Document under 18

Rule 15 .

20. On Notice of opposition under Rule 40. 19

21. Notice of intention to attend hearing under Rule 29& 40 20

22. Form for authorization of agent or other person 2 1

23. On request to alter name or address or address for Service in the 22

Register of design under Rule 31.

24. On request for entries of two address in the Register of Design. 23

25. On petition under Rule 46 for amendment of any document. -

26. On petition under Rule 47 for enlargement of time -

27. Inspection of Register of Design under Rule 38 (in respect of each Design)-

200.00

per month




LIST O F CLASSES (LOCARNO CLASSIFICATION)

Class 1

Class 2

Class 3

Class 4

Class 5

Class 6

Class 7

Class 8

Class 9

Class 10

Class 11

Class 12Class 13

Class 14

Class 15

Class 16

Class 17

FOODSTUFFS

ARTlCLES OF CLOTHING AMD HABERDASHERY

TRAVEL GOODS. CASES. PARASOLS AND

PERSONAL BELONGINGS, NOT ELSEWHERE

SPECIFIED

BRUSH WARE

TEXTILE P 1ECEGOODS, ARTIFICIAL AND NATURAL

SHEET MATERIAL

FURNISHING

HOUSEHOLD GOODS, NOT ELSEWHERE SPECIFIED

TOOLS & HARDWARE

PACKAGE S AND CONT AINE RS FOR T HE

TRANSPORT OR HANDLING OF GOODS

CLOCKS AND WATCHES AND OTHER MEASURINGINSTRUMENTS, CHECKING AND SIGNALLING

INSTRUMENTS

ARTICLES OF ADORNMENT

MEANS OF TRANSPORT OR HOISTING

EQUIPMENT FOR PREDUCTION. DISTRIBUTION OR

TRANSFORMATION OF ELECTRICITY

RECORDING, COMMUNICATION OR INFORMATIONRETRIEVAL EQUIPMENT

MACHINES, NOT ELSEWHERE SPECIFIED

PHOTOGRAPHIC,CINEMATOGRAPHIC A N DOPTICAL APPARATUS

MUSICAL INSTRUMENTS



Thr Patent Office (Design Wing)

Class 18

Class19

Class 20

Class2 1Class 22

Class 23

Class 24

Class 25

Class 26

Class 27

Class 28

Class 29

Class 30

Class 3 1

Class 99

PRINTING AND OFFICE MACHINERY

STATIONERY AND OFFICE EQUIPMENT, ARTISTS'AND TEACHING MATERIALS

SALES AND ADVERTISING EQUIPMENT. SIGNS

GAMES, TOYS. TENTS AND SPORTS GOODS

ARMS, PYROTECHNIC ARTICLES. ARTICLES FOR

HUNTING. FISHING AND PEST KILLING

FLUID DISTRIBUTION EQUIPMENTS, SANITARY.

HEATING. VENTILATION AND AIR-CONDITIONINGEQU IPMENTSO LID FUEL

MEDlCAL AND LABORATORY EQUPMENTS

BUILDING UNITS AND CONSTRUCTION ELEMENTS

LIGHTING APPARATUS

TOBACCO AND SMOKERS' SUPPLIERS

PHARMACEUTICAL AND COSMETIC PRODUCTS,

TOILET AND APPARATUS

D E V IC E S A N D E Q U IPM E N T A G A IN ST F IR E

HAZARDS. FOR ACCIDENT PREVENTION AND FOR

RESCUE

A R T IC L E S FO R T H E C A R E A N D H A N D L IN G O F

ANIMALS

MACHINES AND APPLIANCES FOR PREPARING

FOOD OR DRINK NOT ELSEWHERE SPECIFIEDMISCELLANEOUS



Th e Patent Office (Des ign Wing)

FORM 1

FEES RS. 1,000/-

Insert number o f class

Insert (in full) the name

address and nationality.

State whether drawings,

tracings or photographs.

Specimens.

Insert name of article orarticles to which the design

is to be applied or state

trade description of each o f

the articles contained in the

set.

Strike out these words if

previous registration has

been effected.

Unless an address for

Service in India in given,

the request may not be

considered

To be s igned by theapplicant or by authorised

agent.

Application for Registration of

Designs, Sections5

and44

You are requested to register the accompanying in

.............................. .............lass No. in the name of

..................................................................................

.................................................................................

............. who claim(s) to be the proprietor(s) thereof

...........................our exactly similar' of the design

accompany this request.

................................he design is to be applied to4

The desig n5 has been prev iously registered in

.......................................lass(es) Under No.

Details of first application in UK or convention coun-

try or grcup of countries or inter-governmental

organisation.

(i) Name o f Country

(ii) Ofticial date.(iii) Offrcial num ber

Address for service" in India is -

Declaration :The applicant claims to be the proprietors of the

design and th at to the best o f his knowledge andbelief

design is new or original................... ........................ated this day o f 20

..........................................................Signed)'

TO

THE CONTROLLER OF DESIGNS,

THE PATENTOFFICE, KOLKATA




FORM 3 DESIGNS ACT, 2000

FEES RS. 2,0001- APPLICATION TO EXTEND

COPYRIGHT

Section I1

Insert number of design.

Insert Class

You are requested by the undersigned who islare

the registered proprietor(s) of the Design No .'.........registered in Class2 ........................ to extend the

period of copyright for a period of five years.

Address for service in India is :-

To be signed by the

applicant or

authorised agent

Dated this ..................day of........................ 20

Signed: .................................................................

TO

THE CONTROLLEROFDESIGNS,

THE PATENTOFFICE, KOLKATA

26



\

Note



The Designs Rules, 2001 as amended in 2008 contents

following main features :-

a Notification in the patent office journal in place of the official

gazette.

a Time line of the Cancellation Procedure is reduced

a Provision of receiveing electronic mail or fax as document

a lntroduction of fifth schedule for certificate of registration of

design

a The statutory time limit for acceptance of design has been

increased to maximum three months beyond six months

through filling From 18a Provision of electronic filling and payment through electronic

means.

a Representation can be filed in computer graphics.

a Provision of digital signature is introduced.

a Revised classification of goods in Third Schedule has been

introduced in accordance to recent version of LocarnoClassification (7th Edition)

WIPO publication entitled as Looking Good :An Introduction

to Industrial Design for Small and Medium-sized Enterprises

can be refered for information on Industrial Design, which can

be seen from the WIPO link.http://www.wipo in t l

freepub!ications/en/sme/498/wipo_pub~498.paf

7 7 general information booklet for registration of design

Documents