§1310 Application for Registration

Summary

You must apply for registration within 2 years after the design is first made public. A design is made public when a useful item with that design is shown to the public, given out, offered for sale, or sold by the owner or with the owner’s permission. The owner can file the application. The application goes to the Administrator and must give names and addresses of the designer(s) and owner (if different), the specific name of the useful article, the date the design was first made public if earlier, and say the design is fixed in a useful article. You must include an oath saying the design is original, not already registered for you, and that you are entitled to register it. If the design was made public with a design notice, the oath must describe exactly how and where the notice appeared. Include two copies of drawings or pictures showing the design (one or more views). Mistakes about the article’s utility or about joint designers won’t cancel protection unless made to deceive. One registration can cover the same design used in different articles. Multiple designs may be filed together, but you must pay the fee for each design.