Applications should be duly filed using the prescribed form (Form-1) along with the prescribed fees, stating name in full, address, nationality, name of the article, class number, and address for service in India. The application shall also be signed either by the applicant or by his authorized agent.
Power of authority in Form 21 must accompany the application, if filed through an agent. Priority documents shall be filed along with the application in case of conventional application claimed under Section 44 of the Designs Act 2000.
Step 1 : Search Finding out whether any registration already exists
Step 2 : Preparing a representation of the design A representation is the exact representation of the article on which the design has been applied. It should be prepared on white A4 size paper of durable quality.
Step 3 : Identifying the class of design Designs are required to be categorized in separate classes in order to provide for systematic registration
Step 4 : Providing a statement of novelty A statement of novelty should be included on the representation of a design as per the Act in order to specify the claim.
Step 5 : Including a disclaimer If the ornamental pattern on an article is likely to be confused with a trade mark, suggests any mechanical action or contains words, letters, numerals, etc., a disclaimer should be included in the representation.
Step 6 : Claiming a priority date If you have applied for protection of the design in convention countries or countries which are members of inter-governmental organizations, you can claim registration of the design citing a priority date in India. This is the date of filing of the application in any of such
Step 7 : Determining the fee to be paid Applications are to be accompanied by the required fee through cheque or draft payable at Kolkata or in cash (if filed in Design Office, Kolkata).
Step 8 : Ensuring all enclosures are attached File an application only after ensuring that all enclosures and fee in the required numbers are attached. Applications can be filed in either the Design Office in Kolkata or the branch offices of the Patent office in Delhi, Mumbai or Chennai.
Step 9 : Complying with objections (if any) If the Design Office seeks additional information or clarifications after preliminary examination, please ensure that these are provided promptly. This will help the office to take up your application for early examination.
Step 10 : Providing full details While filing an application make sure that all contact details and addresses are clearly and legibly filled in. This
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