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 The Act that was introduced in 1911 was repealed and replaced with the Design Act of 2000.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.

Procedure for Design Registration 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 apply: 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 requirements. Publication in the official gazette: If the application is accepted, the design will be published in the official gazette. This is done to allow 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 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. It's worth noting that the design registration process can take several months, and it's essential to be patient and to work closely with Pleasmaters throughout the process to ensure everything is done correctly.

Required Documents for Design Registration

The following paperwork must be submitted to register a design: 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.

Benefits of Design Registration in India

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.

Validity of Design Registration

A design registration is valid for 10 years and can be renewed for an additional 5 years by paying the required fees. If the renewal is not completed on time, the design will expire, but it can be reinstated through the following process: If the renewal fees were not paid, an application for restoration must be submitted using Form 4 within one year of the design's expiration. Once the application is approved, the required renewal fees must be paid.

Eligibility Requirements

Any person, their legal representative, or their assignee may submit a single application for registration or multiple applications The term ‘person’ is used synonymously with forms of partnership firm, smaller entities, and other corporate bodies A representative or an agent is required to apply for a designed registration if the applicant is an NRI.

Registration Applications

Two categories of design applications exist: Common Application A regular application that cannot assert priority Reciprocity Request An application for reciprocity asserts priority over one that was previously filed in a convention country. The application shall be filed in India within six months after the date on which the application was filed in the convention country. Keep this in mind, it is impossible to extend the 6-month time frame.

Why Pleadmasters?

Here is why you should choose Pleadmaster for trademark registration online
  • We conduct a thorough search of the TM directory
  • We prepare the authorization letter, so we can file for tm registration on your behalf
  • Our experts guide you with the classes you need to apply under
  • We fill and apply with the Registrar
  • We constantly provide you with updates until the trademark registration process is complete
  • You get the best support throughout the online trademark registration process and all your queries will be answered.

FAQ For Design registration and filing

What is a design registration?

Registering your design is a step to protect the interaction property of your organisation. A registered design is hard to copy and cannot be applied to products that are not produced by the company owning the design.

What are the steps to register a design in India?
What is the validity of the design registration?
Is registering a design a requirement?
Who makes registration of the design?
What happens after a design is registered?
What are the benefits of registering a design?
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Why is it important for filing the application for registration of design at the earliest possible?
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