“Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, 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 or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.”
It should be new and original;
It should be close or near to any other existing design or a combination of known designs;
It should not be a mere mechanical contrivance;
It should be appealable to the eye and be applied to an article;
It must not be in opposition to public order.
Any person who claims to be the proprietor of any new or original article may apply for its registration. A proprietor may be either from India or from a Convention Country.
A proprietor can be any of the following:
an author of the design,
a person who has acquired the said design,
a person for whom such design has been developed by the author, or
a person on whom they said design has devolved.
The application for such registration of design can be filed by the applicant either by himself or through a professional person (i.e. patent agent, legal practitioner). However, for the applicants who are not residing in India, address of an agent residing in India can be used as address for services.
The Application for the Design Registration must be filed before making such design available to the Public as the novel Design cannot be given for registration. It is also to be taken care that the Design Registration is granted to the person whoever files the application first.
No, there is no such provision for renewing the term of the Design registration once a period of 15 years is over.
