World Intellectual Property Organization

India

Information Booklet for Applicants for Registration of Designs, © Office of the Controller General of Patents, Designs & Trade

 

 


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INFORMATION BOOKLET FOR APPLICATNTS FOR _-4

Prepared bg Office of the Controller General of Patents, Designs and Trade Marks,

The Patent Office Intellectual Property Office CP-2, Sector-V, Salt Lake, Kolkata-700091,

Disclaimer

This information booklet provides basic information and guid- ance to potential users of the Design registration system in the Design Office, Kolkata, Information provided in this document is not exhaustive and may be read in conjunction with the de- signs Act, 2000 and Rules, 2001 and as amended in 2008. The guidelines in this document relating to the prescription of time limits, procedures, etc, are meant for guidance of the staff and members of the public. The provisions of the Design Act, 2000 and the Designs rules, 2001 will, in all cases of disagreement, prevail. Instructions of the Government of India issued from time to time will also receive precedence over the guidelines in this document.

Thc I'atcnL Officc (Ussign M ing)

What is a Design?

Benefits of Design

Registration

Essential

requirements for registiation

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) seperately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not include any trade mark or any artistic work.

The registration of a design confers upan 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. Registration initially confers this right for 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 ofregistration within the period of initial registration, this right will cease. There is provision for the restoration ofa lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.

A design should :

  1. Be new or original
  2. Not be disclosed to the public any where by publication in tangible from or by use or in any other way prior to the filling date, OF where applicable, the priority date of the application for registration. 1

The I'alcnt Otficc (Design Wing)

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.
Exclusion from scope of design. Designs that are primarily literary or artistic in character are not protected under the Designs Act. These will include :
books, jackets, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
labels, tokens, cards, cartoons.
any principle or mode of construction of an article.
mere mechanical contrivance.
buildings and structures.
parts of articles not manufactured and sold separately.
variations commonly used in the trade.
mere workshop alterations of components of an assembly.
mere change in size of article.
flags, emblems or signs of any country.
layout designs of integrated circuits.
Who cm apply for regiSv:"n of a Desig- Any person or the legal representative or the assignee can apply separately or jointly for the registration of a design. The term "person" includes firm,partnership

2

'The Patent Otfice (Design Wing)

and a body corporate. An application may also be filed through an agent in which case a power of attorney is required to be filed.

Who can assist The Design Wing of the Patent Office may be in registration approached for finding out whether a design has been of Design? previously registered or not on prescribed form. An

Application for registration of design may be prepared either by the applicant or with the professional help of attorneys. A list of patent attorneys is available in the Register of Patent agents maintained by the Patent Office and also available in www.pindia.nic.in

Findings out The Design Wing of the Patent Oftice can assist if an whether any application for search is made or an applicant can registration inspect the Register of Designs. To request for a search already exists. by the Design Wing of the Patent Office, the following

documents should be filed to find out whether any registration exists in respect of any design :

(I)
If the registration number is known, From No. 6 alongwith the prescribed fee of Rs. 5001-
(2)
If the representation of the article or the specimen of the article is filed (in duplicate), Form No. 7 alongwith the prescribed fees of Rs. 1,0001-

Note :Before frling an application, the applicant can also obtain information whether the design has already been registered or not, by filing a request in Form 7.

t

Priority Date in Any person who has applied for protection for any

caseofConvention design in the convention countries or group of

Application countries or countries which are members of intergovernmental organizations, or his legal

Canee"ation of Registered Design

Statutory time for the acceptance of an application?

~~~~~~~i~~ of the Register of Design

Fees

representative or assignee, either alone or jointly with any other person, is entitled to claim registration of the said design citing a priority date in India. This date is the date of filing of the application in any of the countries mentioned above. However, the application should be made in India within six months from the date of the earliest application for registration in those countries.

Any interested person can file a petition to the Controller seeking the cancellation of a registered design at any time after the registration of the design. An application for cancellation is admissible on the following grounds :

  1. that the design has been previously registered in India :or
  2. that it has been published in India or in any other country prior to the date of registration ;or
  3. that the design'is not a new or original design ;or
  4. that the design is not registrable under this Act ;or
  5. it is not a design as defined under of section 2(d).

An aplication for registration of a design should be accepted within six months from the date of application which may be extended up to three months on F-18 by the applicant with the prescribed fee.

Any person can inspect the Register of Designs upon request to the Controller with prescribed fee. This will enable an applicant to find out whether a design has been previously registered or not.

The fees for the registration and renewal of a design are :

  1. Application for registration of design Rs. 1,0001-
  2. Extension of copy right Rs. 2,0001-

(A detailed schedule of fee is available on page 21).

Any person who desires to register a design is required

Application

to submit the following documents to the Design Wing

Procedure

of the Patent Office at "Intellectual Property Office", CP-2, Sector V, Salt Lake, Kolkata -700 091 or any of the Branch Offices of the Patent Office at Delhi, Mumbai and Chennai. The applications received by the Branch Offices shall be transmitted to the Head Office for processing and prosecuting.

(i)
Application duly filed in on the prescribed form (Form- I) along with the prescribed fees, stating name in full, address, nationality, name of the article, class number, address for service in India. The application shall also be signed either by the applicant or by his authorized agent.
(ii)
Representation (in quarduplicate of size 33 cm x 20.5 cm with a suitable margin) of the article. Drawings \ sketches should clearly show the features of the design from different views and state the view (e.g. front or Bide).

(iii) A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated.

(Please see guidelines for preparation of representation sheet on page 13-14)

(iv)
Power of attorney (if necessary).
(v)
Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000.

I'hz Patent Office (Design Wing)

(List of countries under Paris Conversation and WTO mav be seen on puge 1 7-20).

An application accompanied by the prescribed fee and four copies of the representation of the design, on receipt at the office. are numbered and dated in the

Procedurefor

The Patent Office and taken up for examination.

Registration

of designs The number accorded to an application is in the order of its receipt and the date accorded to an application is the actual date of its receipt in the office.

Note :Applications unaccompanied with the prescreibedfee or copies of the representation of the design will not be numbered and dated until the receipt of the fee or copies of the representation of the designs. The date allocated for such applications is the actual date of the receipt of all the documents in the ofice, and not the earlier date on which the

..

application wasJirsr received in the office

Defects in the application, if any, noticed on examination of the application are communicated to the applicant or to his agent at the address for service. The defects should be corrected and the application resubmitted to the Design of the Patent Office for acceptance within six months or within the extended period from the official date of the application.

Acceptance & Notification :-An application is accepted when all the shortcomings have been rectified. It is then notified in the Patent Office journal which is published on every Friday.

Refusal :-In case the defects as required by the Controller are not rectified, a personal hearing will be provided to the applicant. After hearing the controller will decide whether the application should be accepted or not.

The decision of the Controller will be communicated in writing to the applicant or his agent stating the reasons for the decision.

Appeal :-Any person aggrieved by the decision of the Controller refusing to register a design may appeal to the High Court. The appeal should be made within three months from the date of the Controller's decision.

Abandonment :-An application which owing to any neglect or default on the part of the applicant has not been completed so as to enable registration to be effected within six months or within extended period will be treated as abandoned. Such an application cannot be revived and no further action will be taken on it by the Design Wing of the Patent 'Office.

The following statement of novelty should be mentioned on the representation of a design as per the Act. :

"The novelty resides in the shape and configuration of the article as illustrated."

"The novelty resides in the portion marked as 'A' and

Standard Form 'B' of the article as illustrated."

of the statement

"The novelty resides in the ornamentation or surface

of novelty

pattern of the article as illustrated."

Example : The novelty resides in the floral ornamentation of the carpet as illustrated.

If the ornamental pattern on an article is likely to be confused with a trade mark, a disclaimer may be made in the following manner :-

No claim is made by virtue of this registration to any right to the use as a trade mark of what is shown in the representations.

7

Form of disclamers

Guidelines for the preparatinof representation sheet

If the representation suggests any mechanical action of the article a disclaimer may be inserted in the following manner :-

No claim is made by virtue ofthis registration in respect of any mechanical or other action of the machanism whatever or in respect of any mode or principle of construction of the article.

If the representation contains words, letters, numerals,etc., a disclaimer may be inserted in the following manner :.-

No claim is made by virtue of this registration to any right to the exclusive use of the words, letters, numerals, flags,crowns, etc. appearing in the design.

A representation sheet of an article is an important document required to be filed in quarduplicate along with the application for registration. Representation means the exact representation ofthe article on which the design has been applied. It should be prepared on white A4 size paper of durable quality but should not be prepared on card board or should not be mounted on other paper.

The following points should be considered while preparing a representation.

  1. The article must be shown in isolation and features ofthe design must be clearly and accurately visible.
  2. The article shown in the drawing should be consistent with the name of the article mentioned in the application form. The name of the article should be such that is known in the trade.
  3. The margin of the representation sheet should be one and half inch on all sides.

The figure shown should be of sufficient scale in order to visualisze all the details of the features of

the design applied to the article.

The figure should be shown in upright position with

respect to top and bottom position of the sheet.

The name of the applicant should be mentioned in

left hand top comer of the sheet.

The total number of sheets and sheet number should be mentioned in the right hand top comer of the sheet.

The signature of the applicant \ agent should be made in the right hand bottom comer mentioning the name of the signatory thereunder.

No descriptive matter or denoting the components by reference letter\numerals should be included other than showing the particular portion of the article where novelty resides.

  1. A sufficient number of views should be incorporated in the representation sheet in order to show the article completely and to visualize the exact nature of the design clearly.
    1. No sectional view should be incorporated in the representation sheet. No dimensions or engineering symbol etc. should be mentioned in the representation sheet. The representation is not to be regarded as engineering drawing of the article.
    2. Unnecessary matter not being the feature of the design such as Trade Marks, Letters, Numerals etc. should not be included. However, if it is integral with the article so represented a disclaimer to that effect should be provided.
  2. Photographs should be covered with cellophane paper in order to prevent it from sticking to other pages.

9

Drawings should be clear and should be prepared in a manner that clear reproduction of the views is possible on imaging and are reproduceable by photocopying.

A clear photocopy of the original representation sheet may be filed for other copies of the representation sheet except when a photograph of the original representation has been filed.

No extraneous matter or background support surface, shadows, brick walls, trees etc. should appear in the representation sheet.

Hidden parts that are not visible in the finished article should not be shown. Exploded view should be avoided.

In order to represent a set, the whole set should be shown clearly with different views as required.

Perspective views are most preferable. Odd angle views which distort the shape should not be filed.

A brief statement of novelty, claim of features of design, which is new and original, are required to be mentioned on each set of representation sheet. No description stating the features of the design should be incorporated.

If there is any other mater appearing in the representation not being the feature (s) of the design, a statement of disclaimer is required to be mentioned in each set of the representation sheet as required.

Designs are required to catagorize in separate classes

in order to provide for systematic registration. An

International classification of Industrial Designs

10

Classification of according to the Locarno Agreement has been

designs in classes introduced in the Design Rule 2001 & as in (Amendment) Rules 2008 . The classification ofgoods is based upon the function of the classification of goods is applied. There are classes and most of the classes are further devided into sub-classes. These classes and sub-classeses are mainly function oriented. In some specific cases, the function of the article is required to be mentioned along with the name article in the application form for the purpose of classification.

Normally, the name of the article should be such that is common 1 familiar in the trade or Industries. The name of the article as mentioned in the application form should correspond with the representation of the article as filed.

Example : If the article relates to "chair' or sofa-cum- bed', the name should be provided accordingly and should be classified under Class 06 and sub-class -01 where it is stated as BEDS AND SEATS since it is classified in function\purpose oriented manner.

(Details ofLocarno Classification may be seen atpage 23).

The Patent Office (Design Wing)

FLOW CHART OF DESIGN APPLICATION UPTO ACCEPTANCE

Objedon(s)

Complianceof Objection(s)

WaivingIRemoval of Objection(s)

Incaseof allowance of appeal

The Patent Ofice (Design Wind

Prescribed times under the Designs Act, 2000 and Rules, 2001

[a) Application for registration of Design claiming priority date under Paris Convention 1WO [b) Application for extention of tim for filing. Application for registration of assignment or of instrument for change of ownership

Compliance of all requirements FM making application in order for acceptance

Application for extension of period of copyright for 5 years

Application for restoration of lapsed design due to non payment of fee for extension of copyright [a) Petition for cancellation for the

the registration [b) AppeaVreference to High Court against the order of the Controller. kpplication for registration of iesign after first exhibiting the

4ppeal to High Court against the iecision of Controller ngarding

jubstitution of applicants before .egistration.

Sectio~

-Rule!

Section WXa)

Rule IS(: WXa)

Section

430(3)

Rule 18(

Section

11(2)

Section

Rule 29

Section 19U)

Section 2Ub)

Section 2Ub)

Section

Forn

-om I

=om 18 :om I[

-

'om 3

:om 4

-'om 8

Prescribed time

Within 6 months from date of earliest fil~ng in the country (s) under Paris Convention ,WTO

Alongwith application or within 3 months from the day of filing Within 6 months from the date of execution of assignmentiinstrument. Further extention of 6 months available. Within 6 months or witlun extended period upto 3 months from the date of filing.

Before the expiry of initial period of 10 years

Within one year from date of cessation.

Any time during existence of copynght.

Any time during existence of copyright.

Within 6 months from the date of exhibition.

Within 3 months from the date of decision of the Controller.

During the period before registration

5

~orml Prescribed time

'1

Filling of original documents where the corresponding document already sent by e-maiV7elefm. Rule 3(l Within 15 days from date of Telefaxle-mail.
Request for alteration of name, address and address for service Rule 3 I Form 22 No time has been prescribed.
in the register of Desigs.
Petion for enlargement of time as prescribed under the Rules. Rule 47

No time limit has been prescribed for the following procedures :

(1)
Application for inspection of Registered Design 1Register of Designs
(2)
Application for certified copy of any document required for legal purpose.
(3)
Request for information after conduct of search.

Member Countries of World Trade Organisation As on 31st December 2009

Albania

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Austria

Behrain

Bangladesh

Barbados

Belgium

Belize

Benin

Bolivia Botswana Brazil

Bumei Darusslam

Bulgaria

Burkina Faso Burundi

Cambodia

Cameroon Canada Central African Republic

Chad

Chile

China

Colombia

Congo Costa Rica Cote d'lvoire Croatia Cuba Cyprus Czech Republic Democratic Republic of Congo Denmark Djibouti Dominica Dominican Republic Ecuador

Egypt El Salvador Estonia European Communities Figi Finland Former Yogoslav Republic of Masidonia France Gabon The Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Bissau Guinea Guyana Haiti Honduras Hong Kong, China Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Keneya Korea, Republic of Kuwait Kyrgyz Republic Latvia Lesotho Liechtenstein Lithuania Luxembourg Macao, China Madagaskar Malawi

The Patent Office (Design Wing)

Malaysia

Maldives Mali

Malta

Mauritania

Mauritius

Mexico

Maldova

Mongolia

Morocco Mozambique

Myanmar Namibia

Nepal Netherlands New Zealand Nicaragua

Niger Nigeria Norway Oman Pakistan

Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Qatar Romania Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent & the Grenadines Saudi Arabia Senegal Seirra Leone Singapore Slovak Republic Slovenia Solomon Islands

( Total : 150 Countries are members)

South Africa

Spain

Srilanka

Surinam

Swaziland

Sweden

Switzwerland

Chinese Taipei (Taiwan)

Tanzania

Thailand

Togo

Trinidad and Tobaggo

Tunisia

Turkey

Uganda

United Arab Emirates

Uviteti kingdom

United States of

America

Uruguay

Vinezuela

Vietnam

Zambia

Zimbabwe

Countries party to the Paris Convention

Albenia

Algeria

Andorra

Antigua and Barbuda

Argentina

Armenia

Austria

Australia

Azerbaijan

Bahamas

Behrain

Bangladesh

Barbados

Belarus

Belgium

Belize

Benin

Bhutan

Bolivia

Bosnia and Herzegovina

Botswana

Brazil

Bulgaria

Burkina Faso

Burundi

Combodia

Cameroon

Canada China

Colombia

Comoros

Congo

Costarica

Cot d'lvoire

Croatia

Cuba

Cyprus

Czech Republic

Domestic People's

Republic of Korea

Democratic Republic of

the Congo

Denmark

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Estonia

Finland

France

Gabon

Gambia

Georgia

Germany

Central African Republic Ghana Chad Greece Chile Grenada Guatemala Guinea Bissau Guinea Guyana Haiti Holy See Honduras Hungary Iceland India Iran (Islamic Repub- lic of) Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhastan Keneya Kyrgyzstan Lao People's Democratic Republic Latvia Lebanon Lesotho Lyberia Libyan Arab Jamahiriya Liechtenstein

The Patent Office (Design Wing)

Lithuania Luxembourg Madagaskar Malawai Malaysia

Mali

Malta Mauritania Mauritius Mexico Maldova

Monaco

Mongolia Montenegro Morocco Mozambique Namibia Nepal Netherlands New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea Paraguay Peru

(Total : 171 Countries) Phippines Poland Portugal Qatar Republic of Korea Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent & the Grenadines San Marino Sao Tome and principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia South Africa Spain Sri Lanka Sudan Surinam Swaziland Sweden Switzerland Congo Syrian Arab Republic Tajikistan The former Yugoslav Republic of Macedonia Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates United Kingdom United Republic of Tanzania United States of America Uruguay Uzbekistan Venezuela Vietnam Yemen Zambia Zimbabwe

IS. No. On what payable FEES Form No. Fee 1 On application for registration of ~esi~n

under Section 5 and 44 On claim under Section 8(l) to proceed as an applicant orjoint applicant On application for extension ofcopyright under Section 1 l(2) On Application for Restoration of lapsed design under Section 12(2) Additionalfee for Restoration Inspection of Registered design under Section 17(1) On request for information of design when registration no. given On request for information design when registration no. not given On application for cancellation of design under Section 19 Notice of intended exhibitionor publication of an unregistered design

under Section 21

Application for registration of a document in Register of Designs under

Section 30 (3)

In respect of one Design

For each additional Design

One application for entry of name of proprietor or part in

Register of Designs under Section 30

In respect ofone Design

For each additional Design

On application for entry of mortgage or licence in Register of designs

under Section 30

In respect ofone Design

For each additional Design

Appliation for entry of notification of a document

in the Register of designs under Section 30 and

Rules 37 respect of one Design

For each additional Design

On request for correction ofclerical error under Section 29.

On request for certificate under Section 26 and Rule 41

On application for certified copy of Registered design Under Section

170)

On application for rectification of Register of design Under Section 31.

The Patent Office (Design Wing)

  1. On application for extension of time for filing priority Document under 18 Rule 15.
  2. On Notice of opposition under Rule 40. 19
  3. Notice of intention to attend hearing under Rule 29 & 40 20
  4. Form for authorization of agent or other person 21
  5. On request to alter name or address or address for Service in the 22 Register of design under Rule 31.
  6. On request for entries of two address in the Register of Design. 23
  7. On petition under Rule 46 for amendment of any document. -
  8. On petition under Rule 47 for enlargement of time -
  9. Inspection of Register of Design under Rule 38 (in respect of each Design)-

200.00

per month

The Patent Office (Design Wing) LIST OF CLASSES (LOCARNO CLASSIFICATION)

Class 1

Class 2

Class 3

Class 4

Class 5

Class 6 Class 7 Class 8 Class 9

Class 10

Class 11 Class 12 Class 13

Class 14

Class 15 Class 16

Class 17 FOODSTUFFS ARTlCLES OF CLOTHING AMD HABERDASHERY TRAVEL GOODS. CASES. PARASOLS AND

PERSONAL BELONGINGS, NOT ELSEWHERE SPECIFIED

BRUSH WARE TEXTILE P 1ECEGOODS, ARTIFICIAL AND NATURAL SHEET MATERIAL

FURNISHING HOUSEHOLD GOODS, NOT ELSEWHERE SPECIFIED TOOLS & HARDWARE PACKAGES AND CONTAINERS FOR THE

TRANSPORT OR HANDLING OF GOODS CLOCKS AND WATCHES AND OTHER MEASURING

INSTRUMENTS, CHECKING AND SIGNALLING INSTRUMENTS ARTICLES OF ADORNMENT MEANS OF TRANSPORT OR HOISTING EQUIPMENT FOR PREDUCTION. DISTRIBUTION OR

TRANSFORMATION OF ELECTRICITY

RECORDING, COMMUNICATION OR INFORMATION RETRIEVAL EQUIPMENT MACHINES, NOT ELSEWHERE SPECIFIED PHOTOGRAPHIC,CINEMATOGRAPHIC AND

OPTICAL APPARATUS MUSICAL INSTRUMENTS

Thr Patent Office (Design Wing)

Class 18 Class 19

Class 20 Class2 1 Class 22

Class 23

Class 24 Class 25 Class 26 Class 27 Class 28

Class 29

Class 30

Class 3 1

Class 99

PRINTING AND OFFICE MACHINERY

STATIONERY AND OFFICE EQUIPMENT, ARTISTS' AND TEACHING MATERIALS SALES AND ADVERTISING EQUIPMENT. SIGNS GAMES, TOYS. TENTS AND SPORTS GOODS ARMS, PYROTECHNIC ARTICLES. ARTICLES FOR

HUNTING. FISHING AND PEST KILLING FLUID DISTRIBUTION EQUIPMENTS, SANITARY.

HEATING. VENTILATION AND AIR-CONDITIONING EQU IPMENTSOLID FUEL MEDlCAL AND LABORATORY EQUPMENTS BUILDING UNITS AND CONSTRUCTION ELEMENTS LIGHTING APPARATUS TOBACCO AND SMOKERS' SUPPLIERS PHARMACEUTICAL AND COSMETIC PRODUCTS,

TOILET AND APPARATUS DEVICES AND EQUIPMENT AGAINST FIRE

HAZARDS. FOR ACCIDENT PREVENTION AND FOR RESCUE ARTICLES FOR THE CARE AND HANDLING OF

ANIMALS

MACHINES AND APPLIANCES FOR PREPARING FOOD OR DRINK NOT ELSEWHERE SPECIFIED MISCELLANEOUS

The Patent Office (Design Wing)

FORM 1 FEES RS. 1,000/-

Insert number of class

Insert (in full) the name address and nationality.

State whether drawings, tracings or photographs. Specimens.

Insert name of article or articles to which the design is to be applied or state trade description of each of the articles contained in the set.

Strike out these words if previous registration has been effected.

Unless an address for Service in India in given, the request may not be considered

To be signed by the applicant or by authorised agent.

Application for Registration of Designs, Sections 5 and 44

You are requested to register the accompanying in Class No. .............................. in the name of ............. .................................................................................. ................................................................................. ............. who claim(s) to bethe proprietor(s) thereof Four exactly similar' ........................... of the design accompany this request. The design is to be applied to4 ................................

The design5 has been previously registered in

Class(es) ................ Under No. ........................ Details of first application in UK or convention coun- try or grcup of countries or inter-governmental organisation.

(i)
Name of Country
(ii)
Ofticial date.

(iii) Offrcial number Address for service" in India is -

Declaration : The applicant claims to be the proprietors of the

design and that to the best of his knowledge andbelief design is new or original. Dated this ..................day of ........................ 20 (Signed)' ..........................................................

TO THE CONTROLLER OF DESIGNS, THE PATENTOFFICE, KOLKATA

The Patent Office (Design Wing)
FORM 3 DESIGNS ACT, 2000
FEES RS. 2,0001- APPLICATION TO EXTEND
COPYRIGHT
Section I1
You are requested by the undersigned who islare
Insert number of design. the registered proprietor(s) of the Design No .'.........
registered in Class2........................ to extend the
period of copyright for a period of five years.
Insert Class
Address for service in India is :-

To be signed by the applicant or authorised agent

Dated this ..................day of ........................ 20

Signed: .................................................................

TO THE CONTROLLER OF DESIGNS, THE PATENT OFFICE, KOLKATA

26

Note

\

The Designs Rules, 2001 as amended in 2008 contents following main features :-

a Notification in the patent office journal in place of the official gazette.

a Time line of the Cancellation Procedure is reduced

a Provision of receiveing electronic mail or fax as document

a lntroduction of fifth schedule for certificate of registration of design

a The statutory time limit for acceptance of design has been increased to maximum three months beyond six months through filling From 18

a Provision of electronic filling and payment through electronic means.

a Representation can be filed in computer graphics.

a Provision of digital signature is introduced.

a Revised classification of goods in Third Schedule has been introduced in accordance to recent version of Locarno Classification (7th Edition)

WIPO publication entitled as Looking Good :An Introduction to Industrial Design for Small and Medium-sized Enterprises can be refered for information on Industrial Design, which can be seen from the WIPO link.http://www.wipo intl

freepub!ications/en/sme/498/wipo_pub~498.paf

 

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