The design should not include any Trade Mark , artistic works as defined under the Copyright Act, 1957.
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Design registration in India gives the owner, a monopoly on his or her product, i.e. the right for a limited period to stop others from making, using or selling the product without their permission and is additional to any design right or copyright protection that may exist automatically in the design.
If a group of articles meets the following requirements then that group of articles may be regarded as a set of articles under the Designs Act, 2000: Ordinarily on sale or intended to be used together. All having common design even though articles are different (same class). Same general character. Generally, an article having the same design and sold in different sizes is not considered as a set of articles. Practical example: “Tea set”, “Pen set”, “Knife set” etc.
Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be registerable design.
The design 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.