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Can stamps, labels, tokens, cards, be considered an article for the purpose of registration of a design?

Can stamps, labels, tokens, cards, be considered an article for the purpose of registration of a design?

These (stamps, labels, tokens, cards) are not be considered as an article because once the alleged design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the design applied to it. So, the design as applied to an article should be integral with the article itself.

Register of Designs – The Register of Designs is a document maintained by the Patent Office, Kolkata as a statutory requirement.

It contains the design number, date of filing and reciprocity date (if any), name and address of proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee and extract from register may also be obtained on request with the prescribed fee.

Duration of the registration of a design – The term of a registered design is 15 years. Initially the right is granted for a period of 10 years, which can be extended, by another 5 years by making an application and paying a fee of Rs. 2000/- to the Controller before the expiry of initial 10 years period.

The proprietor of design may make application for such extension as soon as the design is registered.


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