The registration of industrial designs under the Designs Act, 2000 is done by the Designs Wing of the Patent Office located at Kolkata. However, applications can be filed at other offices of the Patent Office, namely, at Delhi, Mumbai and Chennai.
The thrust of the modernization programme of the Designs Wing includes a transition from the essentially paper-based examination procedures to an IT-based system supported by the computerization of existing records, on line search facilities, setting up of a user-friendly website and creation of a digital library.
The Designs office can assist you to search whether the design has been previously registered. If the registration number is known, Form No.-6 should be filed along with the prescribed fees of Rs. 500. If the representation of the article or the specimen of the article is filed Form No.-7 along with the prescribed fees of Rs. 1,000 is required.
If you have applied for protection of the design in convention countries or countries which are members of inter-governmental organizations, you can claim registration of the design citing a priority date in India. This is the date of filing of the application in any of such countries provided the application is made in India within six months.
Applications are to be accompanied by the required fee through cheque or draft payable at Kolkata or in cash (if filed in Design Office, Kolkata). Application for the registration of design is Rs 1,000 and for renewal it is Rs. 2,000.
File an application only after ensuring that all enclosures and fee in the required numbers are attached. Applications can be filed in either the Design Office in Kolkata or the branch offices of the Patent office in Delhi, Mumbai or Chennai.
If the Design Office seeks additional information or clarifications after preliminary examination, please ensure that these are provided promptly. This will help the office to take up your application for early examination.
While filing an application make sure that all contact details and addresses are clearly and legibly filled in. This will enable the office to keep in touch with you and convey decisions.
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright.
Please remember that all designs are not register able. Designs registered come into force from the date of registration. Designs registered should be renewed in time for them to be valid.
The Locarno Classification (LOC), established by the Locarno Agreement (1968), is an international classification used for the purposes of the registration of industrial designs.
• Class 2: ARTICLES OF CLOTHING AND HABERDASHERY
• Class 3: TRAVEL GOODS, CASES, PARASOLS AND PERSONAL BELONGINGS,
• Class 4: BRUSHWARE
• Class 5: TEXTILE PIECEGOODS, ARTIFICIAL AND NATURAL SHEET MATERIAL
• Class 6: FURNISHING
• Class 7: HOUSEHOLD GOODS, NOT ELSEWHERE SPECIFIED
• Class 8: TOOLS AND HARDWARE
• Class 9: PACKAGES AND CONTAINERS FOR THE TRANSPORT OR HANDLING OF GOODS
• Class 11: ARTICLES OF ADORNMENT
• Class 12: MEANS OF TRANSPORT OR HOISTING
• Class 13: EQUIPMENT FOR PRODUCTION, DISTRIBUTION OR TRANSFORMATION OF ELECTRICITY
• Class 14: RECORDING, COMMUNICATION OR INFORMATION RETRIEVAL EQUIPMENT
• Class 16: PHOTOGRAPHIC, CINEMATOGRAPHIC AND OPTICAL APPARATUS
• Class 17: MUSICAL INSTRUMENTS
• Class 18: PRINTING AND OFFICE MACHINERY
• Class 19: STATIONERY AND OFFICE EQUIPMENT, ARTISTS' AND TEACHING MATERIALS
• Class 20: SALES AND ADVERTISING EQUIPMENT, SIGNS
• Class 21: GAMES, TOYS, TENTS AND SPORTS GOODS
• Class 22: ARMS, PYROTECHNIC ARTICLES, ARTICLES FOR HUNTING, FISHING AND PEST KILLING
• Class 23: FLUID DISTRIBUTION EQUIPMENT, SANITARY, HEATING, VENTILATION AND AIR-CONDITIONING EQUIPMENT, SOLID FUEL
• Class 24: MEDICAL AND LABORATORY EQUIPMENT
• Class 25: BUILDING UNITS AND CONSTRUCTION ELEMENTS
• Class 26: LIGHTING APPARATUS
• Class 27: TOBACCO AND SMOKERS' SUPPLIES
• Class 28: PHARMACEUTICAL AND COSMETIC PRODUCTS, TOILET ARTICLES AND APPARATUS
• Class 29: DEVICES AND EQUIPMENT AGAINST FIRE HAZARDS, FOR ACCIDENT PREVENTION AND FOR RESCUE
• Class 30: ARTICLES FOR THE CARE AND HANDLING OF ANIMALS
• Class 31: MACHINES AND APPLIANCES FOR PREPARING FOOD OR DRINK, NOT ELSEWHERE SPECIFIED
• Class 32: GRAPHIC SYMBOLS AND LOGOS, SURFACE PATTERNS, ORNAMENTATION
On learning that the appellants were manufacturing glass sheets in the same protected design the respondents moved Court for an interim injunction which they were granted following which the appellants moved the Asst. Controller of Patents for cancellation of the respondents design on the ground that it already been published by the German Company in the year 1992 as was evidenced by a letter produced from the German Company and also that the design had been published on the website of the U.K Patent Office by another company which had sought for design protection. The respondents countered by pointing out that the German Company manufactured only the engraved rollers and not the glass sheets. They contended that the engraved rollers could then be applied to a wide variety of material from glass sheets to plastic and that their registration for design protection under Class 25-01 was for the application of that design to glass sheets.
The Asst. Controller of Patents found merit in the appellant’s contentions that the respondents design was not new or original since the German company had been manufacturing the engraving rollers with the same design since 1992 and also because the design had already been published in the U.K. Patent Office Website by another German Company and thus the registration of the respondent’s design was cancelled since it did not meet the requirements of originality laid down by Section 4. When the matter went on appeal to the High Court the single judge over-ruled the Asst. Controller of Patents and restored the design to the respondents. The Appellants then appealed against this decision to the Supreme Court.
Ministry of Small Scale Industries,
Government of India