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Chapter 2. APPLICATION FOR REGISTRATION

BananaIP Counsels > THE DESIGNS RULES, 2001 > Chapter 2. APPLICATION FOR REGISTRATION

Chapter 2. APPLICATION FOR REGISTRATION

 

 

11.Application-

 

(1) An application under section 5 of the Act for the registration of a design shall be accompaniedbyfourcopiesoftherepresentationofthedesignandtheapplicationandeachofcopy of the representation of the design shall be dated and signed by the applicant or hisagent.

(2) The application shall state the class in which the design is to be registered, and the article or articles to which the design is to beapplied.

(3) If it is desired to register the same design in more than one class of article, a separate application shall be made in each class of article and the application shall contain the number or numbers of the registration or registrations alreadyeffected.

(4) If so required by the Controller, the applicant shall state purpose for which the article isused.

 

 

12. Statement of novelty. –

 

The applicant may, and shall, if required by the Controller in any case so to do, endorse on the application and each of the representation a brief statement of the novelty he claims for hisdesign.

 

 

13. Additional copies of representation or specimens. –

 

If the controller in any case so requires,the applicant shall supply one or more representations or specimens of the design in addition to those supplied with theapplication.

 

14. Representation-

 

  • The four copies of the design required by rule 11 shall be exactly similar drawings, photographs, tracings or other representations of the design or shall be specimens of the design.
  • When a design is to be applied to a set, each representation accompanying the application shall show all the various arrangements in which it is proposed to apply the design to the articlesincluded in theset.
  • Each representation of the design whether to be applied to a single article or to a set, shall be on durable paper of A4 size (and not on cardboard) and shall appear on one side only of the The figure or figures shall be placed in an upright position on the sheet. When more figures than one are shown, these shall , where possible, be on one and the same sheet, and each shall be designated (e.g. perspective view; front view, sideview).
  • When a design is to be applied to a set, any doubt whether the given articles do or do not constitute a set shall be determined by thecontroller.
  • If the specimens are not, in the opinion of the Controller, suitable for record in the office they shall be replaced byrepresentations.
  • Where words, letters or numerals are not of the essence of the design, they shall be removed from the representations or specimens; where they are of the essence of the design, the Controller may require the insertion of a disclaimer of any right to their exclusiveuse.
  • Each representation of a design, which consists of a repeating surface pattern, shall show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of less size than 5 by 4 inches or 13.00 centimeters by 10.00
  • If the name or representations of living persons appear on a design the Controller shall, if he so requires, be furnished with consents from such persons before proceeding to register the design. In the case of deceased person, the Controller may call for consent from the legal representative before proceeding with registration of the design on which the names or representationsappear.

 

15. Reciprocity application for the registration of a design. –

 

  • Every reciprocity  application  for  the registration of a design shall contain a statement that an application in United Kingdomor convention country or group of countries or inter-governmental organisation has been made for the protection of the design to which such reciprocity application relates and shall specify convention country or group of countries or inter-governmental organisation in which any such application has been made and the official date or dates thereof respectively. The application shall be made within six months from the date of the first application in United Kingdom or convention country or group of countries or inter-governmental organisation by the person by whom such application in United Kingdom or convention country or group of countries or inter-governmental organisation was made, or by the legal representative or assignee of the person either alone or jointly with any other person.

 

  • In addition to the four copies of the representations of the design filed or left with every reciprocity application for the registration of a design, a copy of the design filed or deposited by the applicant or his predecessor in title as the case may be, in respect of the first application in United Kingdom or convention country or group of countries or inter-governmental organization, duly certified by the Official Chief or Head of the organization in which it was filed, or deposited or otherwise verified to the satisfaction of the Controller, shall be filed or left at the office at the same time as the reciprocity application or within such further time not exceeding three months as the Controller mayallow.
  • Save as aforesaid and as provided by rule 30 all proceedings in connection with a reciprocity application shall be taken within the time and in the manner required by the Act or prescribed by these rules for ordinaryapplication.

 

 

16. The manner in which a claim under sub-section (1) of section 8(1) shall bemade.-

 

(1) A claim under sub-section (1) of section 8 shall be made inForm-2.

(2) The original assignment or agreement or other document affecting right,title or interest in the application or an official or notarially certified copy thereof shall also be furnished for the Controller’s inspection and the Controller may call for such other proof of title or written consent as he may require.

 

17. Acceptance-

 

Upon receipt of an application for registration, the Controller may accept it,if he considers that there is no lawful objection in the report of examiner to the design beingregistered.

 

18. Objection –

 

  • If on consideration of the report of the examiner on the application referred under sub-section (1) of section 5, any objection appear to the Controller is adverse to the applicant or requires any amendment of the application, a statement of such objections shall be sent to the applicant or his agent in writing, and unless within three months from the date of official communication of objection the applicant or his agent removes the objection or applies for hearing, the applicant shall be deemed to have withdrawn hisapplication:

 

Provided that the period for removal of the objection shall not exceed the time period of six months from the date of filing of theapplication.

 

  • If the applicant or his agent applies for a hearing under sub-rule (1) within a period of three month from the date of communication of the statement of objections or if the Controller considers it desirable to do so, whether or not the applicant has refiled his application, fix a date for hearing having regard to the time remaining for completion of the application as provided under rule21.

 

  • When a hearing has been fixed under sub-rule (2) the applicant shall be given at least 10 days notice of such fixation or such shorter notice as appear to the Controller to be reasonable in the circumstances of the case and applicant shall as soon as possible notify the Controller whether he shall attend thehearing.

 

  • Hearing, as required under sub-rules (1), (2) and (3) may be allowed whenever possible on phone followed by detailed submission ontele-fax/e-mail.

 

  • After hearing the applicant or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Controller may register or refuse to register the design as he thinksfit.

 

 

19. Decision of Controller. –

 

The decision of the Controller containing the grounds and materials used by him in arriving the decision at such hearing as aforesaid shall be communicated in writing to the applicant or hisagent

 

 

20. Date for appeal. –

 

The date on which the decision of the Controller is dispatched shall be deemed to be the date of the Controller’s decision for the purpose ofappeal.

 

 

21. Non-completion within six months. –

 

An application which owing to any neglect or default of the applicant, has not been completed so as to enable registration to be effected within six months from the date of application, shall be deemed to beabandoned.\

 

 

22. Publication of the particulars of registered design under section 7. –

 

On acceptance of the design filed in respect of an application, the Controller shall direct the registration and publication of the particulars of the application and the representation of the article to which the design has been applied, in the Official Gazette. When publishing in the Gazette, the Controller may select one or more views of the representation of the design, which, in his opinion, would depict the designbest

 

23. Manner of making an application under sub-section (2) of section 11. –

 

An application under sub- section (2) of section 11 shall be made in Form-3.

 

24. Restoration of Designs.-

 

  • An application for the restoration  of  a  design  under  section 12  shall be made in Form -4.

 

  • Upon consideration of the application and the evidence adduced by the proprietor of the design, if any,iftheControllerissatisfiedthataprimefaciecasefortherestorationofthedesignhasnot been made out he shall intimate the proprietor of the design accordingly, and unless within one month from the date of such intimation the proprietor requests to be heard in the matter, the Controller shall refuse the application.

 

  • If the registered proprietor requests for hearing within the time allowed and the Controller after giving the register proprietor such a hearing, is prima facie satisfied that the failure to pay the fee for extension of copy right was unintentional, he shall allow the application forrestoration.

 

 

25. Payment of unpaid extension fee.-

 

(1) If the Controller decides in favour of the registered proprietor of the design, the proprietor shall pay the unpaid fees for the extension of copyright and additional fee specified in the First Schedule, within a month from the date of the order of the Controller allowing the proprietor for restoration of thedeisign.

 

(2) The Controller shall advertise in the Official Gazette his decision on the application  for  restoration.

 

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