Filing an application: The first step in the registration process under the Act is filing an application with the appropriate authority in the prescribed form along with the necessary fees. The proprietor of the design is entitled to apply to register a design in the appropriate class. For the purpose of registration, goods are divided into 32 classes as per the Locarno Classification. A design cannot be registered in more than one class and the application may be filed in respect of any or all articles of the class.
Examination: Once an application to register a design is submitted to the Controller of Designs, the Controller may appoint an examiner to check whether the design is registerable under the Act and submit a report to the Controller. In case certain objections are raised against the design, then the same are communicated by way of an examination report to the applicant and the applicant is given an opportunity to respond to the said objections. If the Controller is satisfied with the response, then the application is allowed and the design is registered. However, if the Controller is not satisfied, he may appoint a hearing or issue another examination report to seek further clarifications/ responses from the applicant.
Registration and Renewal: If the Controller is satisfied and the application is accepted, then a certificate of registration of the design is granted to the applicant and the details of the same are entered into the Register of Designs. The Controller thereafter publishes the application, and the representation of the article to which the design is applied, in the official Gazette and the published application is open for public inspection.
When a design is registered, the proprietor of the design has a copyright in the design for ten years from the date of registration. A further extension of five years in the term of the copyright can be obtained by making an application to the Controller in the prescribed manner along with the necessary prior to the expiring of the original ten year term.
