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trademark registration in india

Design Registration in India


A design is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work. In general, a design is the outer outlook of an article that a naked eye can see.
The Design Law in India is governed by the Designs Act, 2000. The old Design Act, 1911 was amended in 2000 to incorporate the amendments which were rendered necessary because of the tremendous progress made by India in the field of Science and Technology. The said Act was amended with a view to provide more protection to registered designs and to promote design activity in order to promote design element in an article of production.

 

 

Benefits of Design Registration in India
A registered design can become a valuable business asset that can be bought, sold, transferred or licensed like any other property. The more successful a design, the more valuable it can become to the owner and this makes registration all the more worthwhile.

Below are some of the benefits of registering your design:-

  • Registered proprietor has the exclusive right to apply a design to the article in the class in which the design has been registered.
  • Registered proprietor can sue for infringement.
  • He can license or sell the design as legal property.

 

 

What Designs are Registrable in India?

  • A design can be registrable only if it is novel or original and not previously published or used in India.
  • The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
  • The design should be applied or applicable to any article by any industrial process.
  • The features of the design in the finished article should have aesthetic value.

 

 

What Designs are not Registrable in India?

  • The design which do not have clear aesthetic appearances.
  • The design which is contrary to public order or morality.
  • The design which is not new or original.
  • The design which is previously published or used in India.
  • The design which includes methods or principles of construction.
  • The design which is not significantly distinguishable from known designs or combination of known designs.
  • The design which includes any trademark or property mark or artistic work.
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