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Right class for the protection of industrial design in India
A design means features of the shape, configuration, pattern or ornament. Registrations of articles weather two dimensional or three dimensional can be done which are formed by any industrial process or means. Application of the registration will be judged only when they are finished article.
Design registration can be filed by any person who claims himself to be the owner of the new or original design.
First to file rule is followed for design registration hence one should file for registration application as close to the creation of the design as possible. The proprietor of the design should refrain from publishing one's design in any public domain to maintain the novelty of the design.
It is not mandatory to hire a professional for conducting design search, but it is recommended to hire professional to make sure you get the right scope of design search. However, in the case of applicants who are not the resident of India, they require the help of professional who resides in India.
Artistic works defined under section 2(c) are the works which are not the subject matter of design registration; which includes painting, a drawing a photograph and any other work of artistic craftsmanship.
The Design search will help you ascertain that the design you want to register is available or is it already been registered by another designer.
The term of design once registered is 10 years and can be extended for a maximum term of 15 years.
If you find the design which is registered or unregistered similar or same to the overall impression as that of yours then you can negotiate with the owner of the earlier registered design or you can challenge the first design.