New Regulation Regarding Industrial Designs Registration in India
Prior to electronic filing, a person or business wishing to register a design in India had to file the necessary physical forms and documents to the Design Wing of the Patent Office in Kolkata.
However, in a welcome change, the requirement to file physical paper documents and Forms has been removed, according to the Public Notice published on December 16, 2022, by the Office of Controller General of Patents, Designs & Trademarks, Mumbai (except for assignment, attested/notarized copy of the original Power of Attorney and original affidavit (if any) for e-filed applications). The Design Wing is now actively encouraging applicants to use the online portal for the filing of required documents and Forms, following in the footsteps of the Patent Office.
It goes without saying that filing documents electronically is not only effective and cuts down on the time spent waiting for conventional mail to arrive, but it also assurances that design applications are treated equally by the four Patent and Design Offices in India, which are located in Delhi, Mumbai, Chennai, and Kolkata. Therefore, electronic filing of design applications ensures that no unfair advantage, in terms of quicker filing of physical documents, is yielded to applicants, patent agents, or legal practitioners who are closer to the Design Wing of the Kolkata Patent Office. This is because the electronic filing of design applications does not require the mandatory follow-up submission of physical documents. It expedites, simplifies, and personalizes the formerly complex and stretched process while ensuring that the delays brought on by manually filing design applications are eliminated.
Without a doubt, the aforementioned positive and eagerly anticipated move by the Controller General of Patents, Designs & Trade Marks to eliminate the necessary filing of physical documents following the electronic filing of design documents will ensure that design applications are filed immediately and without delay and grant equal rights and benefits to all.
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– You could see Procedure of Trademark in India here.
– You could visit here to see Required documents of filing trademark in India.
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