Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Design registration provides the creator exclusive rights to use the design for ten years, which can be further extended for five years.
A shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act,2000. But for a design to get registered, it must satisfy the following conditions:
Under the Design Act, the owner of a registered design can seek legal remedy in case of infringement.
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.
Following documents are to be submitted to get design registration:
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the cost involved in design registration may be regulated by the controller according to the fourth schedule.
The application for Design registration must be filed with Form 1 along with the following details:
Suppose the applicant is not a natural person, i.e., a company, then information regarding the legal status must be included.
The name of the article to which the design is applied
Registration of the design. In the case where the design is two-dimensional, two copies must be submitted. (The applicant must highlight the unique features of the design)
Suppose the application mentions registering the design in more than one class, then each class of Registration must have a separate application.
A disclaimer or novelty statement should be attached to each representation concerning the mechanical processes, trademark number, letters.
The applicant or authorized person must endorse and duly sign each representation.
Once the application's submission is made, the patent office will examine the application, and objections will be raised, if any.
Once all the objections are removed, the design shall be granted a Copyright certificate by the patent office.
The design registration is valid for ten years from the date of Registration.
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all inclusive fees
Design registration for one article, wherein the applicant is a proprietor or individual. Inclusive of government fee and service tax.
all inclusive fees
Design registration for one article, wherein the applicant is a legal entity having MSME or Startup registration. Inclusive of government fee and service tax.
all inclusive fees
Design registration for one article. Inclusive of government fee and service tax.
|A design registration would enable the protection of the physical appearance of a distinctive product you are planning to sell to the public (so long as that appearance does not affect the product's function in any way)||A trademark would defend the symbols or words you use to identify the product as coming from your specific business.|
|A design registration protects any new and innovative ornamental design of an article of manufacture.||Trademark registration protects a word or words, name, symbol, or drawing used in commerce to distinguish one source of goods or services from that of another.|
In certain conditions, both forms of protection may be accessible to cover a single design, providing potential rewards for these rights owners.
An experienced professional from IndiaFilings can significantly improve the chances of successful design registration by filing a professional application, addressing all the aspects of the Design Act.
Filings a design registration application does not guarantee registration of the design. Design registration is a process, and Registration is provided by the registrar basing each case's facts and premise.
Professionals at IndiaFilings can provide proper guidance for filing design registration applications based on experience and expertise.
Post filing of a design registration application, it is essential to periodically check the application's status until it is processed on the Government site. The design registration application process sometimes requires a time-bound response or action from the applicant.
Hence, it is essential to check the status continually check the application's status and take the required steps.
A list of all registered designs is maintained and published by the Patent Office to put competitors on notice about Registrationregistering a design and preventing counterfeiting.
In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.
Designs registered under the Designs Act are protected for ten years, renewable by another five years. However, design registration mainly applies only to designs used by an industrial process on any article.
Hence, items covered under the Trademark Act or Copyright Act cannot be registered as a design.
A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.
Design registration is not mandatory, having a design registration protects the design's uniqueness and authenticity.
A design registration bestows copyright on the design that is registered for 10 years which can be further extended by 5 years. The owner of the design exclusive rights to use the design in the class in which it has been registered.
An application for design registration should be made as soon as possible after the design is finalized and before it is showed to others.
Application for obtaining design registration can be made by the proprietor of any design, an Assignee ( jointly or separately ), if the applicant is a non-resident Indian then his agent or representative should apply.
Yes, the ownership of design registration can be transferred by an assignment, a license agreement, or transmission.
For transferring the ownership rights of a design registration an application is to be made to the controller of Patents and Design in Form 10.
A design must include these qualities to obtain a design registration
Last updated: June 30, 2021