5 Oct 2020, 14:45 — 6 min read
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.
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.
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.
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.
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
Deputy Controller of Patents & Designs, Patent Office
Intellectual Property Office Building
CP-2 Sector V, Salt Lake City, Kolkata-700091
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Posted byAnil 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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