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How to file an application for industrial design?

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industrial designs

Step 1 Finding out whether any registration already exists

The Designs office can assist you to search whether the design has been

previously registered. If the registration number is known, Form No.-6 should

be filed along with the prescribed fees of Rs. 500. If the representation of the

article or the specimen of the article is filed Form No.-7 along with the

prescribed fees of Rs. 1,000 is required.

Step 2 Preparing a representation of the design

A representation is the exact representation of the article on which the design

has been applied. It should be prepared on white A4 size paper of durable

quality. Do not prepare it on cardboard or mount it on other paper. Indicate

details of the design and applicant clearly.

Step 3 Identifying the class of design

Designs are required to be categorized in separate classes in order to provide

for systematic registration. An internationally accepted classification of

Industrial Designs based upon the function of the article is required. The class

and sub-class should be mentioned in the application. There are 32 classes

and most of the classes are further divided into sub-classes

 

 

 

 

.

Step 4 Providing a statement of novelty

A statement of novelty should be included on the representation of a design as

per the Act in order to specify the claim. This will enable speedier examination

and provide a more specific protection. The claim will protect the overall visual

appearance of the design as described in the representation of drawing.

Step 5 Including a disclaimer

If the ornamental pattern on an article is likely to be confused with a trade

mark, suggests any mechanical action or contains words, letters, numerals,

etc., a disclaimer should be included in the representation.

Step 6 Claiming a priority date

If you have applied for protection of the design in convention countries or

countries which are members of inter-governmental organizations, you can

claim registration of the design citing a priority date in India. This is the date

of filing of the application in any of such countries provided the application is

made in India within six months

How to file an application for industrial design?

A ten step guide

Step 7 Determining the fee to be paid

Applications are to be accompanied by the required fee through cheque or

draft payable at Kolkata or in cash (if filed in Design Office, Kolkata).

Application for the registration of design is Rs 1,000 and for renewal it is Rs.

2,000.

Step 8 Ensuring all enclosures are attached

File an application only after ensuring that all enclosures and fee in the

required numbers are attached. Applications can be filed in either the Design

Office in Kolkata or the branch offices of the Patent office in Delhi, Mumbai or

Chennai.

Step 9 Complying with objections (if any)

If the Design Office seeks additional information or clarifications after

preliminary examination, please ensure that these are provided promptly.

This will help the office to take up your application for early examination.

Step 10 Providing full details

While filing an application make sure that all contact details and addresses

are clearly and legibly filled in. This will enable the office to keep in touch with

you and convey decisions.

Please remember that all designs are not registerable. Designs

registered come into force from the date of registration. Designs

registered should be renewed in time for them to be valid.

You may get more information on filing procedures, hearing dates, etc.

through e-mail at

 

 

 

 

designin@giascl01.vsnl.net.in

The Design Office is

expected to register your design in six months.

Whom to contact

 

 

Assistant Controller of Designs

Design Office

7

 

 

 

 

th

Floor, 2nd MSO Building,

Nizam Palace, J.C. Bose Road,

Kolkata 700 020

Tel: + 91 33

 

 

 

 

281-3421

Fax: + 91 33

 

 

 

 

281-3423

industrial designs

ipindia.nic.in

 

 

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