Design registration in Bangalore is a form of intellectual property protection, under which a newly create design apply to an article create under a process industrial process can be protected from forgery. Under the Design Act, 2000, any shape, configuration, pattern or colour or combination of ornament or lines may be registered in any article.
To register a design, it must satisfy the following conditions: it must be new and original, the design registration in bangalore must relate to the features of the shape, configuration, pattern or ornament, the design must be apply to any article, the industrial process and the design must be visible and it should appear on the article.
Design registration gives the manufacturer exclusive rights over the use of the design for a period of ten years, which can be extended for a period of five years. In case of violation, the owner of the registered design may seek legal remedy under the Design Act.
Importance of design registration
Professional file for design registration in Bangalore to ensure that the design is properly secure, An experience professional can significantly improve the chances of successful design registration by addressing all aspects of the Design Act, filing a professional application.
Filing a design registration application does not guarantee design registration. Design filing is a process and registration is provided only by the registrar – based on the facts of each case and the premises. Therefore, our professionals can only make the best effort to file a design registration application based on experience and expertise.
post filing a design registration application, it is important to periodically check the status of the application until it is process by the government. The design registration application process sometimes requires various time-bound feedback or action from the applicant. Therefore, it is important to constantly check the status of the application and take necessary action until registration is done.
A list of all registered designs is maintained and published by the Patent Office Fee to register the designer and prevent forgery. In case of violation of registered design or piracy, the owner of registered design may seek legal remedy under the Design Act.
10 years protection
Designs registered under the Designs Act are protected for a period of ten years, renewable for another five years. However, design registration applies primarily to designs applied to any article by the industrial process. Therefore, items covered under the Trademark Act or the Copyright Act cannot be registered as a design.
Documents required for registration:
A) Properly filled application, name and full address on Form 1 with prescribed fee, Nationality of the applicant. Legal status and place of insertion if the applicant is not a natural person
B) The name of the article to which the design is to be apply
C) The class and subclass of the article embodying the design has been applied under the classification of Locarno
D) Representations representing the views of the article which have originality. These representations can be in the form of photographs or drawing diagrams. which show the point of view of the article, front, back, top, bottom and side views (2 copies of each point of view). If the design is to be register in more than one category.
E) Every representation of innovation and disclaimer (if any) regarding mechanical action, trademark, word, letter, number should be endorsed on the sheet and duly signed and dated
F) When the connection to color is the essence of the design, which is apply to the article, it will be clearly shown in the presentation.
scrutiny of the application by the Kolkata Design Office fee, objections, if any, are raise there. Upon removal of objections, a copyright certificate in the registered design is issue by Design by fee. The registration period of the design is initially ten years from the date of registration but in use where the priority is allow to be claim. the period is ten years from the date of priority. This initial period of registration can be extend up to 5 years on application made in Form-3.
Procedure for registration:
The application must be submit with Form-1 with the following details: – Name of the applicant.
– Address of the applicant.
– Nationality of the applicant.
– In case the applicant is not a natural person, i.e. a company, etc. Must include information regarding the place of investment and the legal status of the entity.
– Required fees apply.
An article that embodies design, a subcategory of articles under the classification of class and Locarno
The name of the article to which the design applies
Representation of design registration, in case the design is two dimensional, have to submit the two copies of the design. In case the design is three-dimensional, two copies of the design to be submit from front, back, top, and bottom and both sides. Next, the applicant also highlight the unique features of the design that set it apart from any other existing design.
If the application is to register the design in more than one category, each class of registration must have a separate application.
A statement of innovation must be attach to each representation in respect of mechanical processes, trademarks, letters, etc. Each submission must be endorse by the applicant or authorize person on behalf of the applicant.
After submitting the application, the patent office will examine the fee application and raise objections if any. After clarification or removal of all objections, the design will be given a copyright certificate by the patent office fee.
Design registration in chennai is valid for ten years from the date of registration. The period of registration may be extend to 5 years. the expiration of the first ten year period by submitting an application through Form-3.
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