OL!~.I.,. NTEllECnJAl
PROPERTY INDIA """'"""""""
INFORMATION BOOKLET FOR APPLICATNTS FOR
REGISTRATION OF DESIGNS
Department ofIndustrial Policy & Promotion Ministry ofCommerce andIndustry,
Government o India
Prepared by Office of the Controller General of Patents, Designs and Trade Marks,
The Patent Office Intellectual Property Office
CP-2, Sector-V, Salt Lake, Kolkata-700091,
Disclaimer
This information booklet provides basic information and guid- ance to potential users of the Design registration system in the Design Office, Kolkata, Information provided in this document is not exhaustive and may be read in conjunction with the de- signs Act, 2000 and Rules, 2001 and as amended in 2008. The guidelines in this document relating to the prescription of time limits, procedures, etc, are meant for guidance of the staff and members of the public. The provisions of the Design Act, 2000 and the Designs rules, 2001 will, in all cases of disagreement, prevail. Instructions of the Government of India issued from time to time will also receive precedence over the guidelines in this document.
rhc Patent Ollie.: (O.:sign Wing)
What is a Design?
Benefits ofDesign Registration
Essential
requirements for registration
A Design refers to the features ofshape, configuration. pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) seperately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle ofconstruction or anything which is mere mechanical device. It also does not include any trade mark or any artistic work.
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.
A registered proprietor of the design is entitled to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty. Registration initially confers this right for ten years from the date of registration. It is renewable for a further period of five years. If the fee for extension is not paid for the further period ofregistration within the period ofinitial registration, this right will cease. There is provision for the restoration ofa lapsed design ifthe application for restoration is filed within one year from the date of cessation in the prescribed manner.
A design should :
•
•
Be new or original
Not be disclosed to the public any where by publication in tangible from or by use or in any other way prior to the filling date, o., where applicable, the priority date of the application for
• • 1 reg1strat10n.
The Patent Oftlcc (Design Wing)
Exclusion from scope of design.
Who can apply for registration of a Desig~?
• Be significantly distinguishable from known designs or combination of known designs.
• Not comprise or contain scandalous or obscene matter.
• Not be a mere mechanical contrivance.
" Be applied to an article and should appeal to the eye.
• Not be contrary to public order or morality.
Designs that are primarily literary or artistic in character are not protected under the Designs Act. These will include :
books, jackets, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
labels, tokens, cards, cartoons.
any principle or mode ofconstruction ofan article.
mere mechanical contrivance.
buildings and structures.
parts of articles not manufactured and sold separately.
variations commonly used in the trade.
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.
Any person or the legal representative or the assignee can apply separately or jointly for the registration of· a design. The term "person" includes firm, partnership
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The Patent Oflice (Design Wing)
Who can assist in registration ofDesign?
Findings out whether any registration already exists.
and a body corporate. An application may also be filed through an agent in which case a power of attorney is required to be filed.
The Design Wing of the Patent Office may be approached for finding out whether a design has been previously registered or not on prescribed form. An Application for registration of design may be prepared either by the applicant or with the professional help of attorneys. A list of patent attorneys is available in the Register of Patent agents maintained by the Patent Office and also available in www.pindia.nic.in
The Design Wing of the Patent Oftice can assist if an application for search is made or an applicant can inspect the Register ofDesigns. To request for a search by the Design Wing ofthe Patent Office, the following documents should be filed to find out whether any registration exists in respect of any design :
( l) If the registration number is known, From No. 6 alongwith the prescribed fee of Rs. 500/-
(2) If the representation of the article or the specimen of the article is filed (in duplicate), Form No. 7 alongwith the prescribed fees of Rs. 1,000/-
Note :Before frling an application, the applicant can also obtain information whether the design has already been registered or not, by filing a request in Form 7.
Priority Date in Any person who has applied for protection for any caseofConvention design in the convention countries or group of Application countries or countries which are members of
intergovernmental organizations, or his legal
3
Ih.: Patent Office (Design Wing)
Cancellation of Registered Design
Statutory time for the acceptance of an application?
Inspection of the Register of Design
Fees
representative or assignee, either alone or jointly with any other person, is entitled to claim registration of the said design citing a priority date in India. This date is the date of filing of the application in any of the countries mentioned above. However, the
application should be made in India within six months from the date ofthe earliest application for registration
in those countries.
Any interested person can file a petition to the Controller seeking the cancellation of a registered
design at any time after the registration of the design.
An application for cancellation is admissible on the
following grounds :
• that the design has been previously registered in
India: or
• that it has been published in India or in any other country prior to the date of registration ; or
• that the design 'is not a new or original design ; or
• that the design is not registrable under this Act ; or
• it is not a design as defined under of section 2(d).
An aplication for registration of a design should be accepted within six months from the date of application which may be extended up to three months on F-18 by the applicant with the prescribed fee.
Any person can inspect the Register ofDesigns upon request to the Controller with prescribed fee. This will enable an applicant to find out whether a design has been previously registered or not.
The fees for the registration and renewal of a design are:
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The Patent Office (Design Wing)
Application Procedure
• Application for registration of design Rs. I,000/-
• Extension of copy right Rs. 2,000/-
(A detailed schedule of fee is available on page 21 ).
Any person who desires to regi~ter a design is required to submit the following documents to the Design Wing ofthe Patent Office at "Intellectual Property Office", CP-2, Sector V, Salt Lake, Kolkata- 700 091 or any of the Branch Offices of the Patent Office at Delhi, Mumbai and Chennai. The applications received by the Branch Offices shall be transmitted to the Head Office for processing and prosecuting.
(i) Application duly filed in on the prescribed form (Form-!) along with the prescribed fees, stating name in full, address, nationality, name of the article, class number, address for service in India. The application shall also be signed either by the applicant or by his authorized agent.
(ii) Representation (in quarduplicate of size 33 em x 20.5 em with a suitable margin) of the article. Drawings \ sketches should clearly show the features of the design from different views and state the view (e.g. front or side).
(iii) A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated.
(Please see guidelines for preparation of representation sheet on page 13-14)
(iv) Power of attorney (if necessary).
(v) Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000.
5
rh.: Patent Office (Design Wing)
Procedure for Registration of designs
(List ofcountries under Paris Conversation and WTO may be seen on page I 7-20).
An application accompanied by the prescribed fee and four copies of the representation of the design, on receipt at the office, are numbered and dated in the The Patent Office and taken up for examination.
The number accorded to an application is in the order of its receipt and the date accorded to an application is the actual date of its receipt in the office.
Note : Applications unaccompanied with the prescreibedfee or copies ofthe representation ofthe design will not be numbered and dated until the receipt of the fee or copies of the representation of the designs. The date allocatedfor such applications is the actual date ofthe receipt ofall the documents in the office, and not the earlier date on which the application was first received in the office.
Defects in the application, if any, noticed on examination of the application are communicated to the applicant or to his agent at the address for service. The defects should be corrected and the application resubmitted to the Design of the Patent Office for acceptance within six months or within the extended period from the official date of the application.
Acceptance & Notification :- An application is accepted when all the shortcomings have been rectified. It is then notified in the Patent Office journal which is published on every Friday.
Refusal :- In case the defects as required by the Controller are not rectified, a personal hearing will be provided to the applicant. After hearing the controller will decide whether the application should be accepted or not.
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The Patent Office (Design Wing)
The decision of the Controller will be communicated in writing to the applicant or his agent stating the reasons for the decision.
Appeal :- Any person aggrieved by the decision of the Controller refusing to register a design may appeal to the High Court. The appeal should be made within three months from the date of the Controller's decision.
Abandonment :- An application which owing to any neglect or default on the part of the applicant has not been completed so as to enable registration to be effected within six months or within extended period will be treated as abandoned. Such an application cannot be revived and no further action will be taken on it by the Design Wing of the Patent Office.
The following statement of novelty should be mentioned on the representation of a design as per the Act.:
"The novelty resides in the shape and configuration ofthe article as illustrated."
"The novelty resides in the portion marked as 'A' and Standard Form '81 ofthe article as illustrated."
of the statement "The novelty resides in the ornamentation or surface of novelty pattern ofthe article as illustrated."
Example : The novelty resides in the floral ornamentation of the carpet as illustrated.
If the ornamental pattern on an article is likely to be confused with a trade mark, a disclaimer may be made .in the following manner :-
No claim is made by virtue ofthis registration to any right to the use as a trade mark of what is shown in the representations.
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The Patent Office (Design Wing)
Form of disclamers
Guidelines for the preparatin of representation sheet
If the representation suggests any mechanical action of the article a disclaimer may be inserted in the following manner :-
No claim is made by virtue ofthis registration in respect ofany mechanical or other action of the machanism whatever or in respect of any mode or principle ofconstruction ofthe article.
If the representation contains words, letters, numerals,etc., a disclaimer may be inserted in the following manner :.-
No claim is made by virtue ofthis registration to any right to the exclusive use ofthe words, letters, numerals, jlags,crowns, etc. appearing in the design.
A representation sheet of an article is an important document required to be filed in quarduplicate along with the application for registration. Representation means the exact representation ofthe article on which the design has been applied. It should be prepared on white A4 size paper ofdurable quality but should not be prepared on card board or should not be mounted on other paper.
The following points should be considered while preparing a representation.
• The article must be shown in isolation and features ofthe design must be clearly and accurately visible.
• The article shown in the drawing should be consistent with the name of the article mentioned in the application form. The name of the article should be such that is known in the trade.
• The margin of the representation sheet should be one and half inch on all sides.
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· The Patent Office (Design Wing)
.. The figure shown should be of sufficient scale in order to visualisze all the details of the features of the design applied to the article.
.. The figure should be shown in upright position with respect to top and bottom position of the sheet.
.. The name of the applicant should be mentioned in left hand top comer of the sheet.
.. The total number ofsheets and sheet number should be mentioned in the right hand top comer of the sheet.
.. The signature of the applicant \ agent should be made in the right hand bottom comer mentioning the name of the signatory thereunder.
.. No descriptive matter or denoting the components by reference letter\numerals should be included other than showing the particular portion of the article where novelty resides.
.. A sufficient number of views should be incorporated in the representation sheet in order to show the article completely and to visualize the exact nature of the design clearly.
.. No sectional view should be incorporated in the representation sheet.
.. No dimensions or engineering symbol etc. should be mentioned in the representation sheet. The representation is not to be regarded as engineering drawing of the article.
.. Unnecessary matter not being the feature of the design such as Trade Marks,Letters, Numerals etc. should not be included. However, if it is integral with the article so represented a disclaimer to that effect should be provided.
.. Photographs should be covered with cellophane paper in order to prevent it from sticking to other pages.
9
The Patent Office (Design Wing)
• Drawings should be clear and should be prepared in a manner that clear reproduction ofthe views is possible on imaging and are reproduceable by photocopying.
• A clear photocopy of the original representation sheet may be filed for other copies of the representation sheet except when a photograph of the original representation has been filed.
• No extraneous matter or background support surface, shadows, brick walls, trees etc. should appear in the representation sheet.
• Hidden parts that are not visible in the finished article should not be shown. Exploded view should be avoided.
• In order to represent a set, the whole set should be shown clearly with different views as required.
• Perspective views are most preferable. Odd angle views which distort the shape should not be filed.
• A brief statement of novelty, claim of features of design, which is new and original, are required to be mentioned on each set of representation sheet. No description stating the features of the design should be incorporated.
• If there is any other mater appearing in the representation not being the feature (s) of the design, a statement of disclaimer is required to be mentioned in each set of the representation sheet as required.
Designs are required to catagorize in separate classes in order to provide for systematic registration. An International classification of Industrial Designs
10
The Patent Office (Design Wing)
Classification of according to the Locarno Agreement has been designs in classes introduced in the Design Rule 200 I & as in
(Amendment) Rules 2008 . The classification ofgoods is based upon the function of the classification of goods is applied. There are classes and most of the classes are further devided into sub-classes. These classes and sub-classeses are mainly function oriented. In some specific cases, the function of the article is required to be mentioned along with the name article in the application form for the purpose of classification.
Normally, the name of the article should be such that is common I familiar in the trade or Industries. The name of the article as mentioned in the application form should correspond with the representation ofthe article as filed.
Example: If the article relates to 'chair' or sofa-cum- bed', the name should be provided accordingly and should be classified under Class 06 and sub-class -01 where it is stated as BEDS AND SEATS since it is classified in function\purpose oriented manner.
(Details ofLocarno Classification may be seen atpage 23).
II
The Patent Office (Design Wing)
(SPECIMEN OF REPRESENTATION SHEETS)
Name of the Applicant XYZ PVT. LTD. CO.
No. of Sheets-1 SHEET No.-1
The novelty resides in the surface ornamentation of the ''DISH" as illustrated.
No claim is made by virtue ofthis registration in respect ofany mechanical or other action of the mechanism whatever or in respect of any mode or principle ofconstruction ofthe article.
No claim is made by virtue of the registration to any right to the exclusive usc of the words, letters, numbers. colour, colour combination or Trade Marks as appeanng in the representation.
Date: SignatureoftheApplicant / Agent (Name of'the Signatory)
12
The Patent Office {Design Wing)
(SPECIMEN OF REPRESENTATION SHEETS)
Name of the Applicant XYZ PVT. LTD. CO.
No. of Sheets-1 SHEET No.-1
The novelty resides in the Shape & configuration of the "HANDLE" as illustrated.
1, No claim is made by virtue of this registration in respect ofany mechanical or other action of the mechanism whatever or in respect of any mode or principle ofconstruction ofthe article.
No claim is made by virtue of the registration to any right to the exclusive use of the words, letters, numbers, colour, colour combination or Trade Marks as appearing in the representation.
Date: Signature ofthe Applicant Agent (Name of' the Signatory)
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The Patent Office (Design Wing)
FLOW CHART OF DESIGN APPLICATION UPTO ACCEPTANCE
Filing of Applications
IAbandoned I
Appeal to High Court
Numbering &Dating of Applications
Noncompliance of objection(s)/No
response to Office communication
Hearing if Objection(s) is
contested
Waiving I Removal of Objection(s)
In case of allowance ofappeal
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Examination of Applications
Removal of Objection(s)
--J Re-ExaminationI
Notification in the Official Journal
Issue of certificate
The Patent Office (Design Wing)
Prescribed times under the Designs Act, 2000 and Rules, 200 I
~~ Section Form Prescribed time IRules 01. (a) Application for registration of Section Fonn I Within 6months from date ofearliest filing in
Design claiming priority date 44(1Xa) the country (s) under Paris Convention /WTO under Paris Convention I WTO
(b) Application for extention of tim Rule 15(2) Fonn 18 Alongwith application or within 3months for filing. 44(1Xa) from the day of filing
02. Application for registration of Section Fonn 10 Within 6 months from the date of
\ assignment or of instrument for 430(3) execution ofassignment/instrument. Further
change ofownership extention of6 months available.
03. Compliance ofall requirements Rule 18(1) - Within 6 months or within extended period for making application in order upto 3months from the date of filing. for acceptance
04. Application for extension ofperiod Section Fonn3 Before the expiry of initial period of 10 years
of copyright for 5years 11(2)
05. Application for restoration of Section Fonn4 Within one year from date ofcessation.
lapsed design due to non payment
of fee for extension ofcopyright
06. (a) Petition for cancellation for the Rule 29 Fonn 8 Aoy time during existence ofcopyright.
the registration
(b) AppeaVreference to High Court Section Aoy time during existence ofcopyright. against the order of the 19(1) Controller.
07. Application for registration of Section -- Within 6months from the date of exhibition. I design after first exhibiting the 2l(b)
design.
08 Appeal to High Court against the Section -- Within 3months from the date of decision decision of Controller regarding 2l(b) of the Controller.
09. Substitution of applicants before Section -- During the period before registration registration. 8(1)
15
The Patent Office (Design Wing)
I SI. Section Form Prescribed time I INo. Rules 10. Filling of original documents Rule 3( I) Within 15 days from date ofTelefax/e-maiL
where the corresponding document
already sent by e-maii/Telefa,.
II. Request for alteration of name, Rule 31 Form 22 No time has been prescribed.
address and address for service
in the register of Designs.
12. Petion for enlargement of time Rule47
as prescribed under the Rules.
No time limit has been prescribed for the following procedures :
(1) Application for inspection of Registered Design I Register of Designs
(2) Application for certified copy of any document required for legal purpose.
(3) Request for information after conduct of search.
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The Patent Office (Design Wing)
Member Countries of World Trade Organisation As on 31st December 2009
Albania Costa Rica Guatemala
Angola Cote d'lvoire Guinea Bissau Antigua and Barbuda Croatia Guinea
Argentina Cuba Guyana
Armenia Cyprus Haiti Australia Czech Republic Honduras
Austria Democratic Republic Hong Kong, China Behrain of Congo Hungary Bangladesh Denmark Iceland Barbados Djibouti India Belgium Dominica Indonesia Belize Dominican Republic Ireland Benin Ecuador Israel Bolivia Egypt Italy Botswana El Salvador Jamaica Brazil Estonia Japan Bumei Darusslam European Communities Jordan Bulgaria Figi Keneya Burkina Faso Finland Korea, Republic of Burundi Former Yogoslav Kuwait Cambodia Republic of Masidonia Kyrgyz Republic Cameroon France Latvia Canada Gabon Lesotho Central African Republic The Gambia Liechtenstein Chad Georgia Lithuania Chile Germany Luxembourg China Ghana Macao, China Colombia Greece Madagaskar Congo Grenada Malawi
17
The Patent Office (Design Wing)
Malaysia Papua New South Africa Maldives Guinea Spain Mali Paraguay Srilanka Malta Peru Surinam Mauritania Philippines Swaziland Mauritius Poland Sweden Mexico Portugal Switzwerland Maldova Qatar Chinese Taipei (Taiwan) Mongolia Romania Tanzania Morocco Rwanda Thailand Mozambique Saint Kitts and Togo Myanmar Nevis Trinidad and Tobaggo Namibia Saint Lucia Tunisia Nepal Saint Vincent & Turkey Netherlands the Uganda New Zealand Grenadines United Arab Emirates Nicaragua Saudi Arabia Unitell kingdom Niger Senegal United States of Nigeria Seirra Leone America Norway Singapore Uruguay Oman Slovak Republic Vinezuela Pakistan Slovenia Vietnam Panama Solomon Islands Zambia
Zimbabwe
(Total : 150 Countries are members)
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The Patent Office (Design Wing)
Countries party to the Paris Convention
Albenia China Guatemala Algeria Colombia Guinea Bissau Andorra Comoros Guinea
Antigua and Barbuda Congo Guyana
Argentina Costarica Haiti
Armenia Cot d'lvoire Holy See
Austria Croatia Honduras
Australia Cuba Hungary
Azerbaijan Cyprus Iceland
Bahamas Czech Republic India
Behrain Domestic People's Iran (Islamic Repub- Bangladesh Republic of Korea lie of) Barbados Democratic Republic of Iraq Belarus the Congo Ireland Belgium Denmark Israel Belize Djibouti Italy Benin Dominica Jamaica Bhutan Dominican Republic Japan Bolivia Ecuador Jordan Bosnia and Herzegovina Egypt Kazakhastan Botswana El Salvador Keneya Brazil Estonia Kyrgyzstan Bulgaria Finland Lao People's Burkina Paso France Democratic Republic Burundi Gabon Latvia Cambodia Gambia Lebanon Cameroon Georgia Lesotho Canada Germany Lyberia Central African Republic Ghana Libyan Arab
Chad Greece Jamahiriya Chile Grenada Liechtenstein
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The Patent Office (Design Wing)
Lithuania Phippines Luxembourg Poland Madagaskar Portugal Malawai Qatar Malaysia Republic of Mali Korea Malta Romania Mauritania Russian Mauritius Federation Mexico Rwanda Maldova Saint Kitts and
Monaco Nevis Mongolia Saint Lucia Montenegro Saint Vincent & Morocco the Grenadines Mozambique San Marino Namibia Sao Tome and Nepal principe Netherlands Saudi Arabia New Zealand Senegal Nicaragua Serbia Niger Seychelles Nigeria Sierra Leone Norway Singapore Oman Slovakia
Pakistan Slovenia
Panama South Africa Papua New Guinea Spain Paraguay Sri Lanka Peru Sudan
(Total : 171 Countries)
20
Surinam Swaziland Sweden Switzerland
Congo Syrian Arab Republic
Tajikistan The former Yugoslav
Republic of Macedonia Togo Tonga Trinidad and Tobago
Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates United Kingdom United Republic of
Tanzania United States of America
Uruguay Uzbekistan
Venezuela
Vietnam Yemen Zambia
Zimbabwe
The Patent Office (Design Wmg)
Carpet Regn. No. l99392 Pen . Regn. No.l98790
Motor Cycle . Regn. No.l98588 Tooth Brush. Regn. No. 191353
I I~
Storage Box . Regn. No. 203597 Mobile . Regn. No. 199275
The Patent Office (Design Wing)
FEES IS. No. On What payable Form No. Fee I. On application for registration of Design under Section 5and 44 1000.00
2. On claim under Section 8( I) to proceed as an applicant or joint applicant 2 500.00
3. On application for extension ofcopyright under Section 11(2) 3 2000.00
4. On Application for Restoration oflapsed design under Section 12(2) 4 1000.00
5. Additionalfee for Restoration 1000.00
6. Inspection ofRegistered design under Section 17(1) 5 500.00
7. On request for information ofdesign when registration no. given 6 500.00
8. On request for information design when registration no. not given 7 1000.00
9. On application for cancellation ofdesign under Section 19 8 1500.00
10. Notice of intended exhibitionor publication of an unregistered design 9 500.00 under Section 2I
II. Application for registration ofa document in Register of Designs under 10 Section 30 (3) In respect ofone Design 500.00 For each additional Design 200.00
12. One application for entry ofname ofproprietor or part in II Register of Designs under Section 30 In respect ofone Design 500.00 For each additional Design 200.00
13. On application for entry ofmortgage or licence in Register ofdesigns 12 under Section 30 In respect ofone Design 500.00 For each additional Design 200.00
14. Appliation for entry ofnotification ofa document 13 in the Register ofdesigns under Section 30 and Rules 37 respect ofone Design 500.00 For each additional Design 200.00
15. On request for correction ofclerical error under Section 29. 14 500.00
16. On request for certificate under Section 26 and Rule 41 15 500.00
17. On application for certified copy of Registered design Under Section 16 500.00 17(2)
18. On application for rectification ofRegister ofdesign Under Section 31. 17 500.00
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The Patent Office (Design Wing)
19. On application for extension of time for filing priority Document under 18 200.00 Rule 15. per month
20. On Notice ofopposition under Rule 40. 19 100.00
21. Notice of intention to attend hearing under Rule 29 & 40 20 500.00
22. Form for authorization of agent or other person 21
23. On request to alter name or address or address for Service in the 22 200.00
Register ofdesign under Rule 31.
24. On request for entries of two address in the Register of Design. 23 200.00
25. On petition under Rule 46 for amendment ofany document. 500.00
26. On petition under Rule 47 for enlargement of time 500.0
27. Inspection of Register of Design under Rule 38 (in respect ofeach Design)- 250.00
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The Patent Office (Design Wing)
LIST OF CLASSES (LOCARNO CLASSIFICATION)
Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
Class 7
Class 8
Class 9
Class 10
Class 11
Class 12
Class 13
Class 14
Class 15
Class 16
Class 17
FOODSTUFFS
ARTICLES OF CLOTHING AMD HABERDASHERY
TRAVEL GOODS. CASES. PARASOLS AND PERSONAL BELONGINGS, NOT ELSEWHERE SPECIFIED
BRUSH WARE
TEXTILE P1ECEGOODS, ARTIFICIAL AND NATURAL SHEET MATERIAL
FURNISHING
HOUSEJ-IOLD GOODS, NOT ELSEWHERE SPECIFIED
TOOLS & HARDWARE
PACKAGES AND CONTAINERS FOR THE TRANSPORT OR HANDLING OF GOODS
CLOCKS AND WATCHES AND OTHER MEASURING INSTRUMENTS, CHECKING AND SIGNALLING INSTRUMENTS
ARTICLES OF ADORNMENT
MEANS OF TRANSPORT OR HOISTING
EQUIPMENT FOR PREDUCTION. DISTRIBUTION OR TRANSFORMATION OF ELECTRICITY
RECORDING, COMMUNICATION OR INFORMATION RETRIEVAL EQUIPMENT
MACHINES, NOT ELSEWHERE SPECIFIED
PHOTOGRAPHIC,CINEMATOGRAPHIC OPTICAL APPARATUS
MUSICAL INSTRUMENTS
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AND
The Patent Office (Design Wing)
Class 18
Class 19
Class 20
Class21
Class 22
Class 23
Class 24
Class 25
Class 26
Class 27
Class 28
Class 29
Class 30
Class 31
Class 99
PRINTING AND OFFICE MACHINERY
STATIONERY AND OFFICE EQUIPMENT, ARTISTS' AND TEACHING MATERIALS
SALES AND ADVERTISING EQUIPMENT. SIGNS
GAMES, TOYS. TENTS AND SPORTS GOODS
ARMS, PYROTECHNIC ARTICLES. ARTICLES FOR HUNTING. FISHING AND PEST KILLING
FLUID DISTRIBUTION EQUIPMENTS, SANITARY. HEATING. VENTILATION AND AIR-CONDITIONING EQUIPMENT.SOLID FUEL
MEDICAL AND LABORATORY EQUPMENTS
BUILDING UNITS AND CONSTRUCTION ELEMENTS
LIGHTING APPARATUS
TOBACCO AND SMOKERS' SUPPLIERS
PHARMACEUTICAL AND COSMETIC PRODUCTS, TOILET AND APPARATUS
DEVICES AND EQUIPMENT AGAINST FIRE HAZARDS. FOR ACCIDENT PREVENTION AND FOR RESCUE
ARTICLES FOR THE CARE AND HANDLING OF ANIMALS
MACHINES AND APPLIANCES FOR PREPARING FOOD OR DRINK NOT ELSEWHERE SPECIFIED
MISCELLANEOUS
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The Patent Office (Design Wing)
FORMl FEES RS. 1,000/-
1) Insert number ofclass
2) Insert (in full) the name address and nationality.
3) State whether drawings, tracings or photographs. Specimens.
4) Insert name of article or articles to which the design is to be applied or state trade description ofeach of the articles contained in the set.
5) Strike out these words if previous registration has been effected.
6) Unless an address for Service in India in given, the request may not be considered
7) To be signed by the applicant or by authorised agent.
Application for Registration of Designs, Sections 5 and 44
You are requested to register the accompanying in
Class No............................... in the name of.. .......... .
............. who claim(s) to be the proprietor(s) thereof
Four exactly similar'.................. .. .. of the design
accompany this request.
The design is to be applied to' ..
The design' has been previously registered in Class(es) ................ Under No....................... ..
Details offirst application in UK or convention coun- try or grcup of countries or inter-governmental organisation.
(i) Name ofCountry
(ii) Official date.
(iii) Official number
Address for service" in India is -
Declaration :
The applicant claims to be the proprietors of the design and that to the best ofhis knowledge andbelief design is new or original.
Dated this .................. day of.. ...................... 20
(Signed)' ............................................................ .
TO THE CONTROLLER OF DESIGNS, THE PATENT OFFICE, KOLKATA
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The Patent Office (Design Wing)
FORM3 FEES RS. 2,000/-
Insert number of design.
Insert Class
To be signed by the
applicant or
authorised agent
DESIGNS ACT, 2000 APPLICATION TO EXTEND
COPYRIGHT
Section II
You are requested by the undersigned who is/are
the registered proprietor(s) ofthe Design No.3........ .
registered in Class2 •••••••••••••••••••••••• to extend the
period of copyright for a period of five years.
Address for service in India is :-
Dated this .................. day of... ..................... 20
Signed3 ............................................................... ..
TO THE CONTROLLER OF DESIGNS, THE PATENT OFFICE,KOLKATA
26
Note
Note
Note
The Designs Rules, 2001 as amended in 2008 contents following main features :-
• Notification in the patent office journal in place of the official gazette.
• Time line of the Cancellation Procedure is reduced
• Provision of receiveing electronic mail or fax as document
• Introduction of fifth schedule for certificate of registration of design
• The statutory time limit for acceptance of design has been increased to maximum three months beyond six months through filling From 18
• Provision of electronic filling and payment through electronic means.
• Representation can be filed in computer graphics.
• Provision of digital siignature is introduced.
• Revised classification of goods in Third Schedule has been introduced in accordance to recent version of Locarno Classification (7th Edition)
WIPO publication entitled as Looking Good : An Introduction to Industrial Design for Small and Medium-sized Enterprises can be refered for information on Industrial Design, which can be seen from the WIPO link.http://www.wipo int/ freepub!ications/en/sme/498/wipo_pub_498.paf
For Further Information Please Contact:
T\)i! Patent Office Intellectual Property Office CP-2, Sector-V, Salt Lake, Kolkata- 700 091, Phone:(033)2367-1943,2367-1944,2367-2367-1945(I>) Fax:{033)2367-1988 E-mail: kolkata-patent@nic.in Website: www.ipindia.nic.in