About a Design
A Design refers to the features of shape, configuration. pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye.
What are the benefits of a design registration?
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty.
What is the duration of a registration?
Term of registration of a design is ten years from the date of registration. It is renewable for a further period of five years. If the fee for extension is not paid for the further period of registration within the period of initial registration, this right will cease. There is provision for the restoration of a lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.
The very Essentials of a Design
A design should
- Be new or original requirements for registration
- Not be disclosed to the public anywhere by publication in tangible from or by use or in any other way prior to the filling date
- Be significantly distinguishable from known designs or combination of known designs
- Not comprise or contain scandalous or obscene matter
- Not be a mere mechanical contrivance
- Be applied to an article and should appeal to the eye
- Not be contrary to public order or morality.
Sarvarth has the experience in handling every aspect of Copyright prosecution including:
- Filing Design Registration Applications
- Renewal & opposition
- Infringement procedures
