The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30.12.2014.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
Section 2(d) of the Designs Act 2001 – “a design is characterized as the distinctive features encompassing shape, pattern, configuration, composition, or ornamentation formed by lines or colours. This can be applied to any article, whether two-dimensional, three-dimensional, or a combination of both. The application can be achieved through various means, including industrial processes, whether mechanical, manual, or chemical, used separately or in combination. However, the defining factor of a design is its visual appeal when viewed in the final product, solely judged by the eye. It’s essential to note that the design does not consider the underlying construction principle or anything that is essentially a mere mechanical contraption.
The Basic requirement must be fulfilled as the Shape & Configuration of the Design must be different from the previous applied / Registered one. The design should not conflict with public morals, sentiments, or the security of India.
It provides a Protection Against Infringement with an Edge amongst the traders, users to its original developer including an appeal about its innovation which can be Extended to for n years.
Name of the applicant ………………
Address of the applicant ………………
Firm name of the applicant ………………
Email id of the applicant ………………
Phone no. of the applicant ………………
Name / Title of the Design of the applicant ………………
Class in which the application is to be filed of the applicant ………………
Goods/services over the application is to be filed of the applicant ………………
Application FORM -1,
Four Sets of Representation (Front, Back, Left, Right, Top, Perspective Views)
The Authority letter (Form 21)
The Disclosure Statement
On filing the replies to the official objections, the Examiner may call for a hearing in the matter. It is required to file all the supporting documents, the amended sheets/representations, the authority letter and all others must be filed in advance. On completion of the requirements, the Ld. Hearing officer may either grant or refuse the Design application; and, in absence, the application will become Abandoned
