A person who has applied for design protection in the United Kingdom or any other convention country, group of countries or inter-governmental organisation member, or his legal representative or assignee, may claim that the Indian registration shall be in priority and shall have the same date as...
Read Complete Guide →The Rules are called the Designs Rules, 2001 and came into force on the date of their publication in the Official Gazette. They are made under the Designs Act, 2000, and "Act" in the Rules means that Act. Rule 2 defines Office (the Patent Office), Reciprocity Application (an application in India...
Documents may be sent by hand, prepaid post, registered post, speed post or courier, and are deemed filed when the letter would be delivered in the ordinary course of mail. Faxed or e-mailed copies are accepted if clear and legible, provided the original reaches the Office within fifteen days of...
Fees are those specified in the First Schedule. They may be paid in cash at the office, or by cheque or demand draft on a scheduled bank; stamps and Indian postal orders are not accepted. An applicant or agent may deposit money in advance once in a financial year. Since 2021, if an application...
Use the forms set out in the Second Schedule, varied as the case requires. Documents (except drawings) must be on A4 paper, in English or Hindi unless the Controller directs otherwise, with a left margin of at least one and a half inches (four centimetres). Documents under sections 5, 12, 19 and 37...
For registering designs and for the Rules, articles are classified as per the current edition of the "International Classification for Industrial Designs (Locarno Classification)" published by WIPO. Registration is subject to the Act, specifically section 2(a) and 2(d). If there is a doubt as to...
An application under section 5 must come with four copies of the representation, and the application and each copy must be dated and signed by the applicant or agent. It must state the class and the article or articles. The same design in more than one class needs a separate application in each...
The four copies required by rule 11 must be exactly similar drawings, photographs, tracings or other representations, or specimens. Each must be on durable A4 paper (not cardboard), one side only, with views placed upright and each view designated. For a set, show all arrangements. A repeating...
A reciprocity application must state that an application was made abroad and name the country, group or organisation and the official date or dates. It must be made within six months from the date of the first application by the same person, or by the legal representative or assignee. A certified...
A claim under section 8(1) is made in Form 2, and the original assignment or agreement, or an official or notarially certified copy, must be furnished for the Controller's inspection; the Controller may call for other proof of title or written consent. On receipt of an application the Controller...
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