1. Advocates & Legal Consultants Design application in India D-49, 1st Floor, Sector-63, Noida-201301, U.P.-INDIA 0120-4740700, 4740722
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3. This can be applied to any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to & judged solely to the eye.
4. Design does not include any mode or principle of construction or anything which is mere mechanical device.
7. Exclusions from scope of Registration Designs which are primarily of artistic or literary character are not protectable under the Designs Act
8. The design must not be dictated solely by its technical function. Design protection is not accorded to features of appearance of a product which must be reproduced in their exact forms and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be assembled with another product such that each may perform its function. Shape of a Key Solely Functional Not Registrable
9. Filing of Application Procedure for Registration Application No. Allotment Examination & Examination Report Objected No Objections Communication of Objections Hearing if Opposition is contested Refusal Non-Compliance of Objections Removal of Objections Re-examination Abandoned Appeal to High Court If Appeal is allowed Compliance of Objections Acceptance Notification in Official Journal Issuance of Certificate
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11. A Registered Proprietor can sue for infringement, in case of infringement of his rights conferred by the registration.
12. The Registered Proprietor can license or sell his Design as legal property for a consideration or royalty.
13. Registration of Design is initially granted for a period of 10 years and is renewable for a further period of 5 years.
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15. To import for the purposes of sale, without the consent of the Registered Proprietor, any article belonging to the class in which the Design is registered, and having applied to the design or any fraudulent or obvious imitation thereof;