An Industrial design registration in India is available in respect of original design of any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately as per Industrial design Act India.
Design means features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any trademarks or mechanical action or function. So if the design of your product is unique and makes you stand out of your competitors you should immediately consider registering an Industrial design to get industrial design protection in India.
Eg: Shape and configuration of a pet bottle, pen, car, chair, mobile phone; ornamental design of a mat.
Procedures for design registration India:
- Industrial Design Search in appropriate class
- Preparing Industrial design application and representation sheets
- Filing of Industrial design application with Controller of Designs, Kolkata along with Power of authority
- Clearing Objections
- Attending Show cause Hearing in case of further objection by Design Attorney
- Grant of Industrial Design Registration
Design registration Requirements:
- Full names and addresses of Applicant as well as Designer
- Title/Name of Article to which a design is applied
- Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is six (6) months
- Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
- Certified copy of the application which is the basis of the Convention priority (if applicable)
- Fees ( Official fees & Professional charges for filing application)
- Photographs are acceptable. Provide different views as directed by Design Attorney. (Shadings are not allowed).
- If the products are small we shall take necessary photographs on receipt of a sample
Timeline for Industrial registration:
Only Six (6) months from date of application.
Design Renewal India:
Design is valid for 10 years and it can be renewed for a further period of 5 years
Enforcement of Design rights:
You can enforce design rights only from the date of registration though you can claim priority of use from date of application.
Please send in your feebacks/Queries
Design office Kolkata:
Controller of Designs,
Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City,