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Design Filing

Design Filing

Essential requirements for design registration are:

  • The design should be new or original.
  • The design should not be disclosed to the public anywhere in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration.
  • Thedesign should be significantly distinguishable from known designs or combination of known designs.
  • The design should not comprise or contain scandalous or obscene matter.
  • The design should not be a mere mechanical contrivance.
  • The design should be applied to an article and appeal to the eye.
  • The design should not be contrary to public order or morality.

Information and documents required for filing

  • The name, address and nationality of the applicant. If the applicant is not a natural person, the legal status and the place of incorporation.
  • Title of the Design.
  • Novel features of the Design.
  • Representations (photographs / line drawings/ photographic images) illustrating the views of the article wherein the originality resides. The representations showing features of the Design from different views i.e. Front view, Back view, Left side view, Right side view, Top view, Bottom view and Perspective view along with the name of the views. The size should be 33cm x 20.5 cm.
  • Power of attorney.

Rights conferred by Design Registration

  • Exclusive right to apply a design to the article belonging to the class in which it is registered.
  • Entitlement to sue for infringement.
  • An asset which can be transferred or licensed for consideration or royalty.
  • Term: 10 + 5 years; Restoration is possible within 1 year
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