Design Registration in India – Benefits, Documents, Procedure
Design registration is a type of intellectual property protection whereby a newly created design applied to an object produced in an industrial process can be protected against counterfeiting. Registration of the design gives the author the exclusive right to use the design for ten years, which can be extended for five years.
A shape, configuration, pattern or ornament or composition of lines and colors or combinations applied to an article may be registered under the Design Act 2000. However, in order for a design to be registered, it must fulfill the following conditions:
It must be new and original.
The design should relate to any shape, configuration, pattern or ornament applied to an item.
The design must be applied to each element using an industrial process.
The design must be visible and must appear in the article.
According to the Designs Act, the owner of a registered design can appeal against infringement.
Definition of the design
A design is defined in section 2 (d) of the Designs Act 2001 as simply being the features of a shape, pattern, configuration, composition or design. ‘an ornament of lines or colors that refer to a two-dimensional, three-dimensional or both element by an industrial process or any means, whether mechanical, manual or chemical, separate or combined, which in the final product are judged only with the naked eye; but no consideration is given to the principle of construction or to something which is essentially a simple mechanical device.
Design Registration Online in India RELATED GUIDELINES
What is a registered design?
Difference between design registration and trademark
Documents required for the registration of the design
The following documents must be submitted for design registration:
A certified copy of the original or certified copies of extracts from the disclaimer
Affidavits
Explanation
Other public documents may be made available for a fee.
The affidavit must be in paragraph form and contain a statement of truth and verifiability. However, the costs associated with the registration of a design may be regulated by the controller in accordance with the fourth table.
Documents required for design registration
The following documents must be submitted in order to obtain the design registration:
A certified copy of the original or certified copies of extracts from the disclaimer
Affidavits
Explanation
Other public documents can be made available for a fee.
The affidavit must be in paragraph form and contain a declaration of truth and verifiability. The costs for the registration of the design can, however, be regulated by the person responsible according to the fourth scale.
Design registration process
1 The application for design registration must be submitted using Form 1 with the following information:
- Name of the requester
- Applicant’s address
- Nationality of the applicant
- Assume that the applicant is not a natural person, i. H. a company, then the legal form information should be included.
2 The name of the item to which the design is applied
3 Design registration. Two copies must be submitted for two-dimensional drawings. (The applicant should highlight the unique features of the design)
4 Assuming the application mentions the registration of the design in more than one class, each class of registration must have a separate application.
5 Each representation must be accompanied by a disclaimer of liability or a declaration of novelty with regard to mechanical processes, brand number, letters.
6 The applicant or the authorized person must sign and duly sign each declaration.
7 After submitting the application, the patent office will examine the application and raise objections if necessary.
8 After all, objections have been received, the design will receive a copyright certificate from the patent office.
Model registration is valid for ten years from the date of registration.
Difference between Design Registration and Trademark
| Design Registration | Trademark |
|---|---|
| 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.
Important aspects to consider when requesting a design
File Properly
An experienced professional from IndiaFilings can dramatically improve the chances of a successful design registration by filing a professional application that takes into account all aspects of design law.
Government Processing
Filing a design registration does not guarantee that the design is saved. Design registration is a process and registration is provided by the Registrar based on the facts and premises of the particular case.
IndiaFilings professionals can provide appropriate advice on filing design registration applications based on their experience and expertise.
Timeline
After filing an application for design registration, it is important to periodically check the status of the application until it is processed on the government website. The filing process for the registration of a design sometimes requires a timely response or action from the applicant.
It is therefore imperative to continue to check the status, verify the status of the request and take the necessary actions.
Protection
A list of all registered designs is maintained and published by the patent office in order to inform competitors about design registration and prevention of counterfeiting.
In the event of counterfeiting or pirating of a design, the owner of the design can appeal under the Designs Act.
10 years of protection
Designs registered under the Design Law are protected for ten years and may be extended for five years. However, the registration of a design is primarily valid only for designs that are used on an object through an industrial process.
Therefore, items that fall under trademark law or copyright law cannot be registered as models.
