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"DESIGN"
MEANS ONLY BY THE FEATURES OF
SHAPE, CONFIGURATION, PATTERN, ORNAMENT OR
COMPOSITION OF LINES OR COLOURS APPLIED
TO ANY ARTICLE WHETHER IN TWO
DIMENSIONAL OR THREE DIMENSIONAL OR
IN BOTH FORMS , BY AN INDUSTRIAL PROCESS
OR MEANS, WHETHER MANUAL, MECHANICAL OR
CHEMICAL, SEPARATE OR COMBINED, WHICH IN
THE FINISHED ARTICLE APPEAL TO AND
ARE JUDGED SOLELY BY THE EYE;
BUT DOES NOT INCLUDE ANY MODE OR
PRINCIPLE OF CONSTRUCTION OR ANYTHING
WHICH IN SUBSTANCE A MERE MECHANICAL
DEVICE AND DOES NOT INCLUDE ANY TRADE
MARK AS DEFINED IN CLAUSE (V)
OF SUB-SECTION (1) OF SECTION 2 OF
THE TRADE AND MERCHANDISE MARKS ACT, 1958
OR PROPERTY MARK AS DEFINED IN
SECTION 479 OF THE INDIAN PENAL CODE
OR ANY ARTISTIC WORK AS DEFINED
IN CLAUSE (C) OF SECTION 2 OF
COPYRIGHT ACT, 1957. |
 |
| 1. |
FULL NAME, ADDRESS AND
NATIONALITY OF APPLICANT / APPLICANTS. |
| 2. |
PHOTOGRAPHS / DRAWINGS
OF ARTICLE SHOWING DIFFERENT POSES
FROM ALL ANGLES, SIX COPIES
OF EACH POSE. |
| 3. |
LIST OF COUNTRIES
TO CLAIM PRIORITY. IF ANY, WHERE
THE APPLICATION / APPLICATIONS FOR DESIGN
HAS / HAVE BEEN FILED, ALONG WITH
DATE AND APPLICATION NUMBER. |
| 4. |
POWER OF ATTORNEY. |
| |
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| A DESIGN WHICH – |
| 1. |
IS NOT NEW OR ORIGINAL; OR
|
| 2. |
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 |
| 3. |
IS NOT SIGNIFICANTLY
DISTINGUISHABLE FROM KNOWN DESIGNS
OR COMBINATIONS OF KNOWN DESIGNS; OR |
| 4. |
COMPRISES OR
CONTAINS SCANDALOUS OR OBSCENE MATTER. |
|
| SHALL NOT BE REGISTERED. |
| 1. |
THE APPLICATION
IS EXAMINED BY THE DESIGN OFFICE
AND OBJECTIONS, IF ANY, ARE RAISED
THERETO. |
| 2. |
THE CERTIFICATE
IS ISSUED BY THE DESIGN OFFICE
AFTER THE OBJECTIONS, IF ANY, ARE
REMOVED TO THE SATISFACTION OF THE
DEPARTMENT. |
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THE DESIGN IS RENEWED AFTER
TEN YEARS FROM THE DATE OF
APPLICATION . |
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15 YEARS. |
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