Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, 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 or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
Indian Applicant: On determining the eligibility of the design for protection under The Designs Act 2000, an Indian applicant can file the application with the design wing of the Indian Patent office.
Foreign Applicants: A foreign applicant can file a design application in India within six months from the date of filing the original design application within his respective country. If filed later, the applicant is not entitled to claim priority date of the first application.
J & P’s Professional Services Include
- Conducting of search.
- Filing of application.
- Assignment work.
- Registration as registered user.
- Licensing work.
- Amendments in pending or registered application.
- Appearance before registrar in respect to formality objects.
- Appearance before registrar in respect to objection proceedings.
- Filing opposition against similar designs of clients.
- Defending or filing counter statements in respect to oppositions raised.
- Filing of application with registrar for removal of design from register of designs.
- To file appeal before appellant tribunal.
- To appear before appellant tribunal.
- Filing an application on behalf of foreign applicants in India & do claim priorities if any in this regard.
Requirement For Filing a Design Application
- Name of applicant(s) with full address and citizenship
- Name of the article (title)
- Representations of different views of the article to depict it fully and clearly. Either through drawings, or photographs. Cross-sectional views not allowed. Shading lines, dotted lines or any other form of discontinuous lines should be avoided. Photographs should be taken against neutral background uncluttered with any extraneous matter. Representations must not exceed A4 size
- Priority document, within 6 months from filing application in convention country. (if priority is claimed)
- Duly Certified copy of Assignment, if applicable
- Power of Attorney