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DESIGN FILING AND REGISTRATION PROCEDURE IN INDIA


INDIAN IP LAWS

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Filing an application: An applicant may apply for the registration of design by filing an application on prescribed form accompanied by the prescribed fee and four copies of the representation of the design.


The application can either be filed at the Design Wing of the Patent Office in Kolkata or any of the Branch Offices at Delhi, Mumbai and Chennai. However the applications received by the Branch Offices shall be transmitted to the Head Office in Kolkata for processing and prosecution.


Examination: Unlike the procedure followed in Patents, the Design applications are taken up for examination by way of filing the application for registration of Design only. That is no separate request for examination is required to be filed with the Indian Patent Office in this regard.

 

Notification of objections: The applicant is required to correct the defects and resubmit the application to the Patent Office for acceptance within six months from the official date of the application.  

 

Registration and Publication: An application is accepted when all the shortcomings raised in the Examination Report have been rectified. If accepted the Patent Office issues the registration Certificate and thereafter it is duly notified in the Patent Office’s journal. 

 

 In case the objections are not rectified, a personal hearing is provided to the applicant. After hearing the controller decides whether the application should be accepted or not.

 

Term of Protection: In India, a design registration lasts for a period of ten years from the date of registration of design.

The term can be further extended for another five years by filing the application for extension along with the prescribed fee.

For more information on Design Filing Procedure in India please write to us at: info@ssrana.com


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