Design Registration - Taxonomy

1. Eligibility:
   To be eligible for design registration, the design must be new or original, not previously disclosed to the public in any form in India or elsewhere.
2. Pre-filing Search:
   Conduct a search to ensure that the proposed design is unique and not similar to existing designs.
3. Application Filing:
   
   • Prepare a detailed representation of the design, including drawings or photographs.
   • Complete the application form and submit it to the Design Wing of the Indian Patent Office.
4. Examination:
   
   • The Controller of Designs examines the application to ensure it complies with the legal requirements.
   • Any objections raised by the examiner need to be addressed by the applicant.
5. Publication:
   Once the design application is accepted, it is published in the Official Designs Journal.
6. Opposition:
   There is a provision for third parties to oppose the registration within four months from the date of publication.
7. Registration:
   
   • If there are no oppositions or if the opposition is unsuccessful, the design is registered.
   • A registration certificate is issued to the applicant.
8. Term of Protection:
   Design registration is initially valid for ten years, with the possibility of extension for another five years.
9. Renewal:
   Renewal fees must be paid at the end of the tenth year to keep the registration in force for an additional five years.
10. Enforcement:
    The registered design holder can take legal action against anyone infringing upon the design rights.

Notes:

• Design registration is territorial, so protection is limited to India.
• Multiple designs can be included in a single application, provided they belong to the same class of the International Classification.