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Our team has the first-hand experience in dealing with non-contentious and contentious design matters. Our Attorneys regularly advise to the world-renowned Luxury Fashion and Jewellery Brands; Fixtures and Furniture Brands; Medical Devices / Instrument Brands; Stationary Product Brands; Mechanical Equipment Producing Brands; Medium and Small Scale Industries and Individual Designers as well.
Our team has extensive experience in handling pre and post-registration procedures and have successfully obtained registrations for a wide variety of proprietors.
We also assist our clients in procuring Design rights in India and other jurisdictions such as SAARC, ASEAN, Europe, USA, Japan, and South Korea.
As per the provisions of the Designs Act, 2000, a Design means:
However, a Design does not include:
The following Designs are not registrable in India:
A Design is considered to be new:
An original Design means:
An application for registration of a Design can be filed by any person claiming to be a proprietor of a new or original Design applied on an article. The proprietor could be:
The representations of the article should be in one format which can be drawings, photographs or computer graphics. It is advisable to include a perspective view, front view, back view, right side view, left side view, top view and bottom view of the article on which the Design is applied along with the application for Design registration.
An application for registration of Design can be filed at any branch of the Indian Patent Office.
However, further processing and prosecution of the Design Application takes place at Kolkata Branch of the Indian Patent Office.
There are two types of Design applications:
In case of priority applications, it is mandatory for the Applicant to furnish the original certified copy of the priority document along with the application within extended time limit of 3 months from the date of filing of the application. A separate request is required to be filed for seeking extension of time limit.
Further, verified English translation of the priority document is required to be furnished if it is in language other than English.
The Design applications are directly taken for examination by the Patent Office. Therefore, any separate request for examination is not required to be filed.
Like other IP Rights, Copyright in Design is territorial in nature i.e. enforceable in countries where Design is registered.
Copyright in Design subsists for 10 years from the date of registration. This period can be extended for another 5 years upon a request for extension of Copyright filed by the registered proprietor before the expiry of the original period of 10 years.
The process of Design registration normally takes around 6 to 9 months. However, it may get extended under certain circumstances. It is pertinent to note that Design registration is considered to be the quickest IP right a proprietor gets, among all other such rights.
Any person interested may file a petition for cancellation of a registered Design on the prescribed Form. The petition for cancellation of registered Design can be filed on the following grounds:
An application for restoration of Design can be filed within 12 months from the date on which a registered Design ceased to have effect due to non-payment of fees for extension of Copyright (or renewal fee) with the Indian Patent Office.
Any person aggrieved on the following grounds may file a request for rectification of register of Designs:
As per the requirements of the Indian Designs Act 2000, the proprietor has to mark REGISTRED, REGD., RD or Registration No. on the article for which Design is registered before delivery on sale.
It has been a pleasure working with a professional, efficient and knowledgable team of lawyers at Singhania & Partners' Intellectual Property Practice.
I really appreciate your expertise, professional and responsive approach and always have the feeling that our client is in very good hands.
We are always grateful and happy with your firm's swift work, starting from our incorporation till attaining the trademark it was done in a very short time. We look forward to your legal guidance and support on our startup journey & definitely we shall speak about your work in our circle.
Many thanks for your diligent work on this matter. We greatly appreciate it.
The client’s satisfaction is evident from years of their association with us, more than a decade for a lot of them. We act as an extension of in-house legal teams and act as External Legal Counsel to you. Our efforts are towards being strategic partners in your growth and not to be just a law firm.
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