Designs Act, 1911
43. Application for registration of designs
(1) The Controller may on the application of
any person claiming to be the proprietor of any new or original design not
previously published in India register the design
under this Part.
(2) The application must be made in the
prescribed form and must be left at the Patent Office in the prescribed manner
and must be accompanied by the prescribed fee.
(3) The same design may be registered in more
than one class and in case of doubt as to the class in which a design ought to
be registered the Controller may decide the question.
(4) The Controller may if he thinks fit refuse
to register any design presented to him for registration; but any person aggrieved
by any such refusal may appeal to the Central Government.
(5) An application which owing to any default
or neglect on the part of the applicant has not been completed so as to enable
registration to be effected within the prescribed time shall be deemed to be
abandoned.
(6) A design when registered shall be
registered as of the date of the application for registration.