A design means the features of shape, configuration, pattern, ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms. We have an abundant experience in prosecution of applications for designs in India.
Design means the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms. These features may be by virtue of 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. The protection given by the law relating to designs to those who produce new and original designs, is primarily to advance industries and keep them at a high level of competitive progress. Thus, the object of design registration if to see that the originator of a profitable design is not deprived of his reward by others applying it to their goods.
In order to obtain a Design registration in India:
- A Design must be new/ original, i.e. it should not be made public before the date of application
- The Design should be applied to an article and must relate to features of shape, configuration, pattern or ornamentation applied or applicable to the article
- The Design should not include any trademark or property mark or artistic works
- The Design should be significantly distinguishable from a known design or a combination of known designs
We provide the following services :
- Advisory
- Legal and Clearance Opinions
- Infringement and Validity Opinions
- Filing and Prosecuting Design Applications in India
- Filing and Prosecuting Design Applications in Foreign Jurisdictions
- Transactions, Assignments and Licensing
- Portfolio Management