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   DESIGNS

WHAT CAN BE REGISTERED:

New or Original features of Shape, Configuration, Pattern, Ornament or Composition of lines or colors applied to an article whether in two dimensional or three dimensional or both which in the finished article appeal to and is judged solely by the eye.

WHAT CANNOT BE REGISTERED:
  • Any Trade Mark
  • Any Property Mark
  • Any Artistic Work
  • Any mode or principle of construction
  • Anything which is in substance a mere mecahnical device
  • Which is not contrary to public order or morality
  • Any pre published design
NOVELTY AND ORIGINALITY:

Novelty is judged based on prior publication not only in India but also other countries.

VALIDITY PERIOD:

Design is valid for the period of 10 years from date of registration (date of original applciation) and extendable for further term of 5 years.

FILING REQUIREMENTS FOR APPLICATION:
  • Full name, address and nationality of applicant(s).
  • Photographs/drawings of the article from all sides covering all the features of the article (five copies each).
  • Authorisation/Power of Attorney.
TIME TAKEN FOR REGISTRATION:

About 6 months.

ENFORCEMENT:
  • Infringement action for unauthorized use of registered Design.
  • Infringement action can be filed in the District Court or High Court having jurisdiction.
  • The relief's available include: Injunction order, Rendition of accounts of profits illegally earned by the defendant, damages, delivery up, costs.Anton pillar orders are also issued.