The application of visual / ornamental features can be in 2D/3D, or both, and must be done by an industrial process or means.
• Any principle of construction
• Any function/mechanical design and/or any method of construction
• A trademark as defined by the law relating to trademarks; and
• An artistic work under the law relating to copyrights.
• Shoe designs
• Jewelry designs
• Watch designs
•Bottle/Flask/Sipper/Vase designs
• Lid pattern/designs
• Patterns of fans
• Moulds for confectionary items, such as patterns of chocolate bars, chocolate blocks
• Fabric prints
• Loaders, excavators, drills, wrenches, tools, heavy machinery
• Aesthetic features of any article
An action for design piracy can only be filed on the basis of a registered design. The common law remedy of passing-off of an unregistered design is not available. In case an unregistered design is sought to be protected from piracy/imitation by an infringer, the only remedy available is a passing off action, based on the claimant’s common law rights in the trade dress / overall get-up of the article in question. For such a passing off action, however, the claimant would have to prove goodwill and reputation in the trade dress/overall get-up of the article, the threshold for which is not easy to meet.
Yes, India follows the 14th edition of the Locarno Classification.
• Must be new or original;
• Must not be disclosed anywhere in the world;
• Must be significantly distinguishable from prior known designs or combination of such designs.
Yes, priority claim is possible, if filed within 6 months of first filed foreign application.
• Once application is filed, the Designs Office examines the application, and may raise objections if any.
• If any objection is raised, there is a period of six (6) months from the date of filing of the application to file a reply.
• If the Office is satisfied with the written reply, then it will issue a registration certificate, or schedule an oral hearing.
• High quality images showing the various views of the design in question.
• In case priority claimed, an original certified copy of the design application filed at the foreign design office.
• Original signed Power of Attorney.
8-12 months
Once a design is registered, registration is granted for an initial period of ten (10) years. This period can further be extended for a further period of five (5) years by filing a renewal application.
• Designs of clothing
– Sabyasachi Calcutta LLP v. Mr. Ankit Keyal proprietor Asiana Couture (2022:DHC:1377)
• Designs of containers
– Castrol Limited v. Nareshbhai Babubhai Kanani, Trading as Manorath Company & GDP Lubricants & Anr (CS(COMM) 309/2023, dated May 15, 2023)
– Selvel Industries and Ors. v. Om Plast (India) [Bombay High Court, Suit (L) No. 439 of 2016]
• Designs of footwear
– Relaxo Footwears Ltd. V. Aqualite India Ltd. & Anr (2022/DHC/004461)
• Design in shape/configuration of fan blade
– Havells India Ltd. v. Panasonic Life Solutions India Pvt. Ltd. [2022 (91) PTC 365 Del]
• Design in pattern of electronic keyboard
– Casio Keisanki Kabushiki Kaisha D/B/A Casio Computer Co. Ltd. v. Riddhi Siddhi Retail Venture & Anr. [2023 (94) PTC 225 (Del)]
• Design of bottle/flask
– Diageo Brands B.V. v. Great Galleon Ventures Ltd. (2022:DHC:2937)
