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Design Registration

Advantages

  • Establishes a public record
  • Right to sue infringers in court
  • Creation of Goodwill
  • Legal Protection to Work
  • Marketing

Eligible Category

  • New and original
  • Not opposed to public order
  • Appealable to eye
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Introduction

Design registration is a type of intellectual property right governed by the Design Act, 2000 which helps to protect any newly created shape, configuration, patterns and composition of lines or colours applied to an article created under an industrial process from counterfeiting.

However, to get a design registered, it must fulfill some conditions. These conditions are as follows:

  • It must be newly invented and original in nature
  • The design should relate to features, configuration, shape, pattern or ornament applied to an article
  • The design applied to any article must be by an industrial process
  • The design must appear on the final product and must be visible;
  • It should not deal with anything which is covered under the trademark, copyright or patent registration.

Eligibility Norms for Design Registration

  • It should be new and original
  • It should be close or near to any other existing design or a combination of known designs
  • It should not be a mere mechanical contrivance
  • It must not be in opposition to public order

One must unfailingly meet the eligibility norms.

Who can apply for Design Registration?

Any person stating to be the owner or proprietor of the new and original design which is not previously published anywhere and which is also not contrary to the public morality can apply for the registration of the same.

Further, any agent or design registration consultant may also apply for the registration on behalf of its owner.

Documents and Details Required for Design Registration

  • Name of the Applicant along with its full address.
  • Certified True Copy of the Power of Attorney (if any) given to the Agent duly signed by the proprietor, partner or one of the Directors of the Company
  • Affidavits in paragraph form containing a declaration of its truthfulness and verifiability
  • Documentary proof of priority required in the case if any previous registration or application for registration made

Information Required

  • Applicant’s Name, Address, and nationality. In case the applicant is not a natural person than a documentary proof stating the legal status and the place of incorporation
  • Name of the article to which the design is to be applied.
  • A short & precise statement of the novelty that one lay claim to be his design
  • Class or category of the article representing the design
  • Applicants or applicants’ name(s), age, address (es), and nationality (ies) whether they are partners in a firm or Directors of the firm or company
  • Name, address, designation, and nationality of the person who signs the General Power of Attorney

Process for Registration of Design

The whole process of design registration can be divided into the steps mentioned below:

  • Application
    Submit an application specifying the details such as name & address, applicant’s information- a person or company, description of the article & its type, claim of novelty and so on. One may also enclose images or drawing of the article in the application form.
  • Acceptance of application & registration
    Application duly filled in the prescribed form signed either by the applicant or by his authorized agent along with the requisite documents and is thereafter examined by the Design Office and objections if any are raised to that. Further, the Design Office issues a Certificate granting Copyright in Registered design after the objections if any rose is being removed to the satisfaction of the Department.
  • Publication & Validity
    Post-registration of the design, the same is notified in the official journal. The registered design is valid for 10 years which may be further extended to another 5 years on the filing of an application for extension with payment of the prescribed amount.

    • A Design Registration Consultant tracks and takes all necessary steps needed at every stage of the design registration process until the design gets registered successfully and also stands by the ethical standard of your creativity.

    Design registration makes a design an intellectual property and intangible asset for a period of ten years which can be further extended for a limited period of five years through design renewal. Also, it provides the owner with an exclusive right to use, sell, franchise or contract the design.

    After the registration of the design, the owner also gets specific legal rights to take actions against those who breach the design right.

FAQs on Design Registration

As per Section 2(d) of the Design Act, 2000

“Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.”

  • It should be new and original;
  • It should be close or near to any other existing design or a combination of known designs;
  • It should not be a mere mechanical contrivance;
  • It should be appealable to the eye and be applied to an article;
  • It must not be in opposition to public order.

Any person who claims to be the proprietor of any new or original article may apply for its registration. A proprietor may be either from India or from a Convention Country.

A proprietor can be any of the following:

  • an author of the design,
  • a person who has acquired the said design,
  • a person for whom such design has been developed by the author, or
  • a person on whom they said design has devolved.
  • The application for such registration of design can be filed by the applicant either by himself or through a professional person (i.e. patent agent, legal practitioner). However, for the applicants who are not residing in India, address of an agent residing in India can be used as address for services.

The Application for the Design Registration must be filed before making such design available to the Public as the novel Design cannot be given for registration. It is also to be taken care that the Design Registration is granted to the person whoever files the application first.

No, there is no such provision for renewing the term of the Design registration once a period of 15 years is over.

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