The essential requirements for the registration of 'design'

Following are some of the essential requirements of a design:

(l) The design should be new or original, not previously published or used in any country

Before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.

Practical example: the known shape of "Kutub Minar" when applied to a cigarette holder, the same is register able. However, if the design for which application is made does not involve any real mental activity for conception, then registration may not be considered.

(2) The design should relate to features of shape, configuration, pattern or ornamentation

Applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not register able under the Act.

(3) The Design Registration in Bangalore should be applied or applicable to any article by any industrial process.

Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.

(4) The features of the design in the finished article should appeal to and are judged solely

by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state.

(5) Any mode or principle of construction or operation or anything which is in substance a

mere mechanical device, would not be register able design. For instance a key having its novelty only in the shape of its corrugation or bend at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act. However, when any design suggests any mode or principle of construction or mechanical or other action of a mechanism, a suitable disclaimer in respect thereof is required to be inserted on its representation, provided there are other register able features in the design.

(6) The design should not include any Trade Mark or property mark or artistic works as

Define under the Copyright Act, 1957 http://www.trademarkregistrationinbangalore.in.