Process of design registration:
Industrial Design filings are based on the principle of “first-to-file.” In order to make an adjustment for multiple applications with same content, the first-to-file system is adopted, which grants an exclusive right to the first to file the application.
Therefore, filing of an industrial design should be made at the earliest possible time or before an article is disclosed to the public or as close to the date of creation of your design as possible. This also means that you cannot sell, advertise or publicize your design in any form prior to filing your application. Prior disclosure will destroy the novelty of the design.
An industrial design registered in Bhutan is only protected in Bhutan. Protection in other countries can be obtained by filling application in each country separately. However, to protect your novelty and if you wish to protect in many countries, applications for registration will have to be filed within twelve months from the earliest date when it was first filed in any of the Paris Convention member countries. Bhutan is a member to Paris Convention for the Protection of Industrial Property since 2000.
Only the owner of an industrial design may apply to register the industrial design, though an agent can be authorized to make application. Where an applicant’s ordinary residence or principal place of business is outside Bhutan, the applicant must appoint a Registered Agent with the Intellectual Property Division.
Required Documents:
1. Applicant’s details
a. Full Name
b. Nationality
c. Address (including pin code and country)
d. Telephone number (with area code)
e. Fax number
f. E-mail address
If body corporate, give corporate name and country of incorporation. In case of Partnership, give names and nationality of all partners and nature of registration. In case of Trust, give the names of managing trustee. If there is more than one address, state the fact and give the address of principal place of business.
Application for registration of an Industrial Design must contain the following;
a) Request
b) Drawings
c) Photograph or other adequate graphic representations of article embodying the industrial design and indication of the kinds of products for which industrial design is used.
d) It must be accompanied by a specimen of the article embodying the industrial design,
where the industrial design is two- dimensional.
1. If the applicant is not the creator, the statement should be filed for justifying the applicant rights to the registration of the industrial design and indicating each creators name and address.
2. If the applicant is the creator, provide us with the statement to that effect.
3. Power of attorney for the appointment of agent.
4. Class or subclass (Locarno classification)
5. If priority is claimed, the following information would be require:
a. Priority date
b. Country
c. Application number
d. Status
e. For exhibition priority provide name of the exhibition, date and place, date of first disclosure
f. Provide the address for services in Bhutan
6. A written description (maximum 100 words) or a statement stating the novelty of the industrial design. The statement should cover the distinctive aesthetic features.