What are the documents required for claiming a small entity status?

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The Amended Rules require a small entity to submit a declaration in a prescribed form (Form 28) stating that the entity is a small entity. The form mentions the evidence that is required to be submitted and provides that an Indian applicant is required to submit evidence of registration under the MSMED Act. Where a foreign applicant is concerned, the form mentions “an Affidavit deposed by the applicant or an authorized signatory (on the basis of deponent’s own knowledge) in accordance with Rule 42 of the Designs Rules, 2001, clearly stating that the applicant is a small entity as defined under rule 2(g) of the Designs Rules, 2001”.

In view of the above, an Affidavit in the prescribed form is required to be submitted along with the design application at the Designs Office. The prescribed Affidavit should clearly state that the applicant is a small entity. It is also required that the Affidavit of such form should be duly stamped in India and shall be sworn by any of the following of that country or place:

  1. Before a diplomatic or consular office;
  2. Before a notary; or
  3. Before a judge or magistrate.
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