Design Registration

‘Design’ refers to the unique aspects of shape, figure, blueprints or decorations or composition of lines or hues or combination thereof given to an article, which may be 2 dimensional or 3 dimensional or in both formats, by any manufacturing procedure or mode. The process involved in creation of the design may be manual, mechanical, automated or chemical, separate or all-inclusive, by which the finished article appeal to and can be identified solely by the eye. However, this does not contain any mode or a standard or construction or anything which is in material a mere mechanical device. Besides, it does not include any registered trademark, as defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958, as well as a property mark or an artistic work as defined under the Section 2(c) of the Copyright Act, 1957.

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Overview

Advantages

Process

Documents

Design Registration in India – An Overview

As per the Design Act of 2001, a design is defined as a feature of a shape pattern or any form of configuration encompassing lines and colours. The design can be two-dimensional, three-dimensional or both as per the industrial standards. Section 2D of the Design Act of 2001 also defines that the design can be mechanical, manual, chemical, separated or combined and is completely judged by the eye.

The design of an organisation is treated as an intellectual property and in order to safeguard the same it is mandatory to register the design. This will protect the aesthetic appeal of the design.

The Designs Act of 2000 governs the incorporation and protection of designs in India. The Act that was introduced in 1911 was repealed and replaced with the Design Act of 2000. As per the rules, it is mandatory to register your design to avoid competitors copying your unique design registration.

Advantages of registering a design

Here are some advantages of registering a design under the Design Act 2000:

  • Legal Protection Against Design Copies: By registering their designs, businesses can stop others from using their designs to make, sell, or distribute products.
  • Longer Validity: A design registration online certificate is valid for ten years. The validity may be extended after this period has passed for up to an additional five years.
  • Provides a Distinguishing Advantage: The design registration gives a business owner a differentiator. This means that a business entity’s products take on a distinctive character and appearance from those of its competitors with a registered design
  • Maintains Originality: The products with registered designs are unique, meaning they have never been used in India or published in another WTO member state
  • Getting Client Reaction: Another important benefit of registering a design is that it is only evaluated visually and appeals to the general public.
  • Promotes Innovation: Because one of the primary requirements for registering a design is uniqueness, the product must be alluring and sufficiently different from rivals to promote innovation and healthy competition.

Steps Involved in Design Registering in India.

Conduct a design search: We will investigate existing designs to ensure that your design is new and original. This will help to avoid any potential infringement issues.
Prepare and file the application: We will prepare and file the application for design registration on your behalf. This will include providing the necessary documentation, such as drawings or photographs of the design and other required information.
Examination of the application: After the application has been filed, the Indian Design Office will examine it to ensure that it meets all the necessary requirements.
Publication in the official gazette: If the application is accepted, the design will be published in the official gazette. This is done to give an opportunity to the public to raise any objections they may have on the design registration.
Grant of Registration: If there are no objections, or if the objections have been overcome, the Indian Design Office will grant the design registration. A registration certificate will be issued, which will be valid for a period of 10 years.
Renewal of Registration: After the initial 10-year period, the registration can be renewed for five years. Vakilsearch will assist with the renewal process and ensure that the design registration remains in force.

Documents Required

  • Required Affidavits
  • A certified copy of the original document
  • Copies of the disclaimer’s excerpts
  • Additional documents can be made available
  • It should be written in an appropriate format including a statement of truth
  • The fourth schedule, however, allows the controller to control the cost associated with design registration
  • A signed power of attorney provided by the owner and other partners and directors
  • If filed thorough agents and advocates you will have to provide Form 21
  • Four different copies of the design along with an image should be provided during registration
  • The next step is to incorporate a fact sheet containing all the priority usage and design details.