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.
Any person claiming to be the proprietor of any new or original design may apply for registration. An application for registration of a Design shall be addressed to the Controller of Designs, the Patent Office at Kolkata, or at any of its branch offices at New Delhi, Mumbai and Chennai. A proprietor may be from India or from a Convention Country. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
You can provide us with the following documents:
Design does not include the following:
Property Mark; or
Illustrative list is as follows:
book jackets, calendars, certificates, forms and other documents.
dress making patterns, greeting cards, leaflets, maps and plan cards.
post cards, stamps and medals.
labels, tokens, cards and cartoons.
any principle or mode of construction of an article.
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.
Essential requirements for registration of ‘design’?
The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
The design should be applied or applicable to any article by any industrial process.
The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.
Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.
The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.
The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with prescribed fee to the Controller of Designs on the following grounds:
That the design has been previously registered in India or
That it has been published in India or elsewhere prior to date of registration or
The design is not new or original or
Design is not registrable or
It is not a design.
1. Ordinary Application- It does not claim priority.
2. Reciprocity Application- It claims priority over an application filed previously in a convention country. It can be filed in India within 6 months from the date of filing in convention country.
• A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
• An work of architecture and
• Any other work of artistic craftsmanship.