Design registration form 1

Design fascinates and attract people to new things. Highly observed that the designing of any product provides a general idea of the associated technology or use. In developing countries, competition within the business world increases, and any picture, shape, or design grabs people’s attention. Therefore, it’s essential to have protection such intellectual property and keep your design safe from piracy. In this blog I have discussed design registration form 1.

The registration procedure of Design in India.

For the registration of a design, first, we essential to know the term “Design”.

According to Section 2(d), “Design” means the configuration, pattern, features of shape, ornament or lines composed or applied colors to any article, whether in two dimensional or three dimensional or in both forms, by any process or means, if they are manual, mechanical or chemical, separate or combined, that is within the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction which is in substance a mere mechanical device.

Further, the designing does not include

Trademark that has definition Clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or
Property mark as defined in section 479 of the Indian legal code (45 of 1860) or
The artistic work defined in Clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).

History and Origin:

To find out the present situation under the Design act, we should always know from where the term design came into existence and how it is changing from time to time. First, the designs were protected under the Patent and styles Protection Act, 1872. Then in 1911, for the higher protection of the Industrial Designs, the Patent and styles act was enacted. In 1970, the Patent Act was enacted to cater to the matters of patent specifically.

The system of the protection of industrial designs must be made more efficient to ensure adequate protection to registered designs by design registration in Chennai. Therefore, the bill was passed within the parliament called Designs Bill to promote design activity to promote the design element in an article of production.

Bill’s bill’s main aim is to make sure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for design activity while removing impediments to the unrestricted use of available designs. The Designs Act and Rules provide for filing of a Design Application in the offices i.e. Patent and Trademark Office Database Delhi, Mumbai, Chennai or Kolkata.

The essential requirement for design registration:

The Following are the requirements for design registration in Chennai.

Novelty and originality:

The foremost important thing is necessary at the time of registration by design registration in Chennai. That a design must be new with no prior publication or use or in any other way, before the filing date or said to be priority date of the design in India or any other country.

Original means in reference to a design, originating from the author of the designing and includes the cases, which though old in themselves yet are new in their application. The examiner can conduct a novelty search to look at whether it is new or not.

Public order and morality:

While registering under design registration in Hyderabad, a design must not breach the peace and harmony of the state. It doesn’t affect the morality of the nation can be applicable for the registration. Otherwise, an application for the registration of the designing is not registrable.

Prohibition of registration of certain designs:

A design which,

(A) isn’t new or original; or

(B) Has been disclosed to the general public anywhere in India or any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the appliance for registration; or

(D) Comprises scandalous or obscene matter shall not have registration.

Who can apply?

Any person who claims to be the proprietor of any new or original design have to apply for registration in design registration in Hyderabad. A proprietor could also be from India or from a Convention Country.

A proprietor may be:

a) An author of design,
b) A person who already has acquired the design,
c) A person for whom the author has developed the design, or
d) On whom the design has devolved.

Type of Applications that are filed:

The system that is present now consists two types of designs application for design registration in Trichy. They are Ordinary and Reciprocity applications. Consistent with section 5 and section 44, the appliance for the particular design has been mentioned.

Ordinary application means a person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, registering the designing under this Act is known as Ordinary application.

Reciprocity application means the appliance for design registration filed with the Indian Patent Office, claiming priority from already filed design application(s) filed during a convention country or group of countries or inter-governmental organizations is called priority application.

The priority design application must be filed by design registration in Bangalore within six months from the date of the earliest priority applicant, and therefore the said time limit is not extendable.
Procedure for the registration:

Form-1: Application for registration of design:

According to Sections 5 and 44, an application shall be filed in Form-1, together with the prescribed fees, stating the complete name, address, nationality, article’s name, class number and address for service in India. Foreign applicants also are necessary to give an address for service in Indiwhiwhi, which might be their Agent’s address in India.

Within the case of foreign applicants, it’s mandatory to give an address for service in India. Unless such an address is given, the Office shall not proceed with the appliance.
The class to which the article belongs shall be mentioned correctly in Form-1.

Under the Designs Rules, 2001, articles are classified based on the Locarno Classification. It’s going to be noted that for registering a design by design registration in Trichy in more than one class, a separate application must be filed for every class.

The application shall be signed either by the applicant or by his authorized agent/legal representative. Only a registered patent agent or a legal practitioner are often appointed as an authorized agent in India.

In case the applicant has already registered a design in any other class of articles, the very fact of such registration along with the registration number shall be mentioned in Form-1.
Locarno agreement is an agreement as per the designs are registered under the Act. It classifies goods to register them. This helps in Design searches by design registration in Trichy. It divides designs into different classes, which are mainly function-oriented.

Form 21: Power of authority to agents:

(1) All applications and communications to the Controller under the designing Act may be signed by, and every one attendances upon the Controller may be made by or through a legal practitioner or by or through an agent whose name and address has been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970 (39 of 1970).

(2) The Controller may, if he sees fit, require –

(a) agent to be resident in India;

(b) a person not residing in India either to employ an argent residing in India;

Representation Sheets:

Representations should be ready as prescribed under Rule 12 (Statement of novelty), 13 (Additional copies of representation or specimens) and 14 (Representation) of the Designs Rules and will be submitted in duplicate.

Form 24: Claiming the status of small company or start-up (if the small entity or start-up status is claimed)

(a) It should be accompanied with evidence of registration of design within the case of Indian entities.

(b) It should be accompanied with an affidavit deposed by the applicant or authorized signatory as Rule 42 of styles Rules in case of foreign entities.

Certified copy of priority document:

The proprietor is necessary to submit the first Priority document along with the authenticated English translated copy of the Priority document (if the original priority document is other than English) under Rule 15 of the Designs Rules.

Note: To be filed within the reciprocity application under Section 44.

Assignment Document:

Assignment in original (if the applicant of priority application during a convention country is different from Indian applicant).

Fees Structure:

The fee payable under the principles may either be paid in cash or through electronic means or may be sent by bank draft or cheque payable at par to the Controller of Designs and drawn on a scheduled Rule 5 bank located at the respective filing location.

Stamps and Indian Postal Orders have no acceptance.

Where the fee is payable in respect of a document, the whole fee shall accompany the document.

Fee once paid in respect of any proceedings shall not ordinarily have the refund regardless of whether the proceeding has taken place or not.

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