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How can one register a design in India?

Filing the Application

  • The application must be filed using Form-1 under the Designs Rules, 2001.
  • Applicants can be individuals, companies, start-ups, or legal entities.
  • The application must include a representation of the design from multiple views.
  • A statement of novelty must be submitted describing unique design features.
  • The application can be filed online or physically at the Design Office.

Documentation and Requirements

  • The article must belong to a class as per the Locarno Classification.
  • Photographs or drawings must clearly show the design features.
  • A Power of Attorney is required if the application is filed through an agent.
  • Priority documents must be submitted if claiming priority from a foreign application.
  • The prescribed fee must be paid based on the applicant category.

Examination and Review

  • The application undergoes formal examination for completeness.
  • Substantive examination is conducted to check novelty and originality.
  • An examination report is issued if objections are found.
  • The applicant must respond to objections within six months, extendable by three more.
  • Failure to comply within the timeline results in abandonment of the application.

Registration and Publication

  • If found in order, the design is registered and a registration number is issued.
  • A certificate of registration is granted to the applicant.
  • The registered design is published in the official Designs Journal.
  • The design becomes open to public inspection after publication.
  • The rights take effect from the date of filing the application.

Post-Registration Aspects

  • The design is protected for ten years from the date of registration.
  • It can be renewed for an additional five years before expiry.
  • Infringement actions can be taken if unauthorized use occurs.
  • The registered design can be assigned, sold, or licensed to others.
  • Changes in ownership must be recorded with the Controller for validity.

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