The application has to be duly filed in the prescribed form (Form 1) along with the prescribed fees which states the full address, name of the article, nationality, class number and address for service in India.
The applicant or an authorised agent needs to sign on the application.
For a small entity, Form 24 and the documentary evidences have to be submitted along with Form 1 and representations.
Representation of the article where photographs, drawings, tracings or other representation which includes computer graphics need to clearly show the features of the design from different perspectives.
A statement of novelty or if any disclaimer with respect to trademark, mechanical action, letter, work, numerals should be endorsed on each representation sheet which should be duly signed and dated.
Power of attorney.
Priority documents can be produced if in a case of a convention application claimed under section 44 of the Designs Act, 2000.
Registration procedure of the design registration:
In India, every application for registration undergoes examination where the act and rules are amended from time to time.
The applications are examined in the order in which the application has been filed under section 5 and section 44 of the act.
If any defects or objections found during examination of the application are communicated either to the applicant or to his agent at the address for service.
The time period for removal of objection, pursuant to examination report is about six months from the date of application which can be further extended up to three months on a request made along with the prescribed fee before the expiry date of the stipulated time period of six months.
An application which, owing to neglect or the applicant hasn’t completed within the stipulated time period shall be abandoned
Acceptance and notification: The application will be accepted only if all the shortcomings have been rectified then it is notified in the patent office journal and published on every Friday.
Refusal: In case the defects have not been rectified, then the respective applicant will be called for hearing. After hearing, the controller will decide whether to accept the application or not. The decision of the controller communicated to the applicant either by writing or his agent state the reason for this decision.
Appeal: If the applicant is aggrieved by the decision of the controller, he can further appeal to the high court. The appeal needs to be made within three months from the date of the controller’s decision.
Abandonment: Application which is considered as neglect or the applicant has not given any proper statement within six months or within the extended time period, the application will be abandoned.
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Design registration can be completed within the specified duration of time and if you want any clarification, we are there to guide you throughout the registration process.