Grounds for Cancellation Opposition to a design registration in India is handled through cancellation proceedings. A registered design may be challenged if it lacks novelty or originality. Cancellation can be sought if the design was previously published in India or...
Right to Appeal Yes, an applicant has the legal right to appeal a refusal of design registration. The appeal must be made in accordance with the provisions of the Designs Act, 2000. The refusal must be based on a formal communication from the Controller of Designs....
Grounds for Rejection The design may be rejected if it lacks novelty or originality. It can be refused if it does not conform to the definition under the Designs Act, 2000. A design that is functional in nature may be disqualified. Any design found to be obscene or...
Initial Scrutiny The application is first reviewed for completeness and correctness. The Design Office checks if all required documents and forms are submitted. It verifies the prescribed fee and compliance with formalities. Incomplete or defective applications may be...
Statutory Definition The term ‘design’ is defined in Section 2(d) of the Designs Act, 2000. It refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors. These features must be applied to any article by an industrial process...
Mandatory Forms and Application Duly filled Form-1 for design registration is required. The form must include applicant details, class of article, and title of design. The application must specify whether the applicant is an individual, startup, or legal entity. The...
General Applicability Logos are generally not protected under design registration in India. Design registration is intended for features applied to physical articles. It covers shapes, patterns, configurations, and ornamental aspects. Logos, as standalone visual...
Legal Criteria for Novelty Novelty is assessed under Section 4 and Section 19 of the Designs Act, 2000. A design is considered novel if it has not been disclosed to the public. It must not be published in India or elsewhere before the filing date. The design should...
Head Office Location The main Design Office in India is located in Kolkata. It functions under the Office of the Controller General of Patents, Designs and Trade Marks. The full postal address is available on the IP India official website. It is responsible for...
Eligibility for Startups Startups recognized under the Startup India initiative are eligible. A valid Certificate of Recognition issued by DPIIT is required. The entity must meet the definition of a startup under current government norms. It must be a private limited...