ATTENDING COPYRIGHT HEARINGS

Design registration is an intellectual property right securing 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.

The design should be new or original, un- published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
A registered design protects the external shape of the product. It gives the owner the right to stop anyone copying the external design of their product, within their geographical jurisdiction.
The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.
An application for Design Registration needs to be filed with the Controller of Designs, The Patent Office at Kolkata. However, the application can also be filed at any of the four branch office of The Patent Office at New Delhi, Mumbai, Chennai or Ahmedabad and the application received by the Branch Offices is transmitted to the Head Office for processing.

Duration of the registration of a design

The duration of the registration of a design is initially ten years from the date of registration that can be further extended for a period of five years.

It is also possible to transfer the right of ownership of registered design through assignment, agreement, transmission with terms and condition in writing or by operation of law.

We at Mumbai Filings, professionally file the design application as per the government procedures. However, it is at the sole discretion of the appointed government registrar to approve the same