PROCEDURE FOR REGISTRATION OF DESIGNS :
Where to Apply
Any person claiming to be the proprietor of any new or original design may apply for registration. An application for registration of a Design shall be addressed to the Controller of Designs, the Patent Office at Kolkata, or at any of its branch offices at New Delhi, Mumbai and Chennai. A proprietor may be from India or from a Convention Country.
Type of Applications
(a) Ordinary application.
An ordinary application does not claim priority.
(b) Reciprocity application.
A reciprocity application claims priority of an application filed previously in a convention country. Such an application shall be filed in India within six month from the date of filing in Convention Country. This period of six months is not extendable. [Section 5, 44]
Substitution of Applicant or Joint Claiming
Name of an applicant can be substituted or a joint claim can be made for an applied design, if the following requirements are met:
(a) The claim for substitution is made before the design has been registered; and
(b) Right of claimant shall be created only by:
(i) an assignment;
(ii) agreement in writing made by the applicant or one of the applicants; or
(iii) operation of law; and
(c) The design under consideration shall be identified in the assignment or agreement specifically by reference to the number of application for registration; or
(d) The rights of the claimant in respect of the design have been finally established by a Court.
A request for substitution of applicant shall be filed in Form-2 along with the required fee. If the above said requirements are fulfilled and the Controller is satisfied that upon registration of design, the claimant would be entitled to any interest in the design, the Controller may direct that the application shall proceed:
(i) in the names of the claimant(s); or
(ii) in the names of the claimant(s) and the applicant or the other joint applicant(s), as the case may be.
However, in case of joint applicants, the Controller shall not pass such direction without the consent of the other joint applicant(s). [Section 8]