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India Trademark Registration » Design Registration
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Design Registration |
The Registered Designs Act 1949 provides for registration of new designs having individual character with the Patent Office. Registration confers upon the registered manager the exclusive right to the design and any design which does not produce on an informed user a different impression for up to 25 years.
Design Registration Procedure
The basic edict is the Registered Designs Act 1949 as amended by the Copyright, Designs and Patents Act 1988, Registered Designs Regulations 2001 and the Registered Designs Regulations 2003. This statute has to be interpreting with the Designs Directive (Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs) and construed so as to give effect to that legislation. S.36 of the 1949 Act enables the escritoire of State to make rules for various purposes set out in that section. The fundamental rules for design registration are The Registered Designs Rules 1995.
The Register S.17 (1) of the 1949 Act requires the Comptroller-General of Patents, Designs and Trade Marks to maintain a register of designs recording the names and addresses of proprietors of registered designs, notices of assignments and transmissions of registered designs and such other matters as may be prescribed from time to time or as the registrar may think fit.
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