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Riya   26 January 2021

Design application

Can an applicant apply for the same design after the previous one has been abandoned? What is the procedure to apply, would it require a professional?


 4 Replies

Neha Dhalaria   18 February 2021

Yes, the same applicant can apply again for the same design after abandone, provided no publication of the abandoned application is made by the Patent Office, and the applicant must not publish the said design in the meanwhile.

An application for registration of a project can be made by the applicant personally or by a professional  (a patent holder, legal practitioner). However, for applicants not residing in India an agent must be employed who resides in India. In other words, any application for registration of Designs can be filed by the applicant himself or by any professional.

Designs are covered under the Designs Act 2000, the objective of which is to protect new or orginal designs so created.

It is important to register the designs as after registration, there confers a copyright on the owner which gives his designs protection against getting copied and if gets copied, there is remedies for such infringement.

For registration of the design, an application for registration under section 5 of Designs Act, 2000 has to be made:

1) The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design.

2) Such application shall be filed in the patent office along with the prescribed fee.

(3) In case of doubt as to the class of registration of a design, the Controller may decide the question.

(4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person, person aggrieved by any such refusal may appeal to the High Court.

(5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration shall be deemed to be abandoned.

(6) A design when registered shall be registered as of the date of the application for registration.

After application for registration, the registration of the designs takes place.

 

Archana Pandey   13 January 2022

Under Section 4 in the Designs Act, 2000 says

4 Prohibition of registration of certain designs. —A design which—

(a) is not new or original; or

(b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or

(c) is not significantly distinguishable from known designs or combination of known designs; 

Aryan Raj   16 January 2022

Dear Queriest, 

Can you please give a proper context for your query 

Regards,

Aryan Raj 

Archana Pandey   16 January 2022

Under Section 5 in the Designs Act, 2000

5 Application for registration of designs. —

(1) The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this Act: Provided that the Controller shall before such registration refer the application for examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this Act and the rules made thereunder and consider the report of the examiner on such reference.

(2) Every application under sub-section (1) shall be in the prescribed form and shall be filed in the patent office in the prescribed manner and shall be accompanied by the prescribed fee.

(3) A design may be registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the Controller may decide the question.

(4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal to the High Court.

(5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned.

(6) A design when registered shall be registered as of the date of the application for registration.


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