Design Registration

Design Registration

We can help you obtain a Design Registration for your unique product design 

ISO,design registration consultant

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. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.

Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.

Design Registration Process

An application for the registration of design should be submitted along with four specimen copies of the design. A statement of novelty should also be submitted, which refers to a statement of how the design is unique. The design so represented in the ‘representation of the design’ submitted should be precisely similar to the design or exact copies of the design.

Documents Required for Design Registration

  • A certified copy of the original or certified copies of extracts from disclaimers
  • Affidavits
  • Declarations and
  • Other public documents can be made available on payment of a fee.

The affidavits should be in paragraph form and should contain a declaration of truth and verifiability. The costs involved in the design registration process may be regulated by the Controller according to the Fourth Schedule.

Difference between Trademark and Design Registration

A design registration protects any new and innovative ornamental design of an article of manufacture. A trademark registration protects a word or words, name, symbol or drawing that is utilised in commerce to distinguish one source of goods or services from that of another.

Put another way; 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. In certain conditions, both forms of protection may be accessible to cover a single design, providing potential rewards for the owner of these rights.

Important Aspects of Design Registration

File Professionally

It’s important that a professional file for the registration of a design to ensure that the design is properly protected. An experienced professional can help significantly improve the chances of successful design registration by filing a professional application, addressing all the aspects of the Designs Act.

Government Process

Filing a design registration application does not guarantee registration of the design. Design registration is a process and registration is provided only by the Registrar – based on the facts and premises of each case. Hence, our professionals can only make best efforts for filing of design registration application based on experience and expertise.

Timeline

Post filing of a design registration application, it is important to periodically check the status of the application until its processing on the Government side. Design registration application process sometimes requires various time-bound response or action from the applicant. Hence, it’s important to continually check the status of the application and take the required action until registration.

Protection

List of all registered designs is maintained and published by the Patent Office to put competitors on notice about registration of a design and prevent 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.

10 Year Protection

Designs registered under the Designs Act are protected for a period of ten years, renewable by another five years. However, design registration mainly applies only to designs applied by an industrial process on any article. Hence, items that are covered under the Trademark Act or Copyright Act cannot be registered as a design.

What is Registered Design?

Registered design is a shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional protected under the Designs Act, 2000. Design registration is similar to copyright registration, patent or trademark registration and a type of intellectual property registration – which protects creations of the mind. In this article, we review the basics of registered design in India.

Designs that can be Registered-

For a design to be registered under the Designs Act, it must satisfy the following six conditions:

  1. The design should be new or original, not previously published or used in any country before the date of application for registration.
  2. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Act.
  3. The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.
  4. The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state.
  5. Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registrable design.
  6. The design should not include any Trademark or Copyright.

Items that Cannot be Registered as a Design-

The following items cannot be registered as a design:

  • Books, jackets, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
  • Labels, tokens, cards, cartoons. any principle or mode of construction of an article.
  • Mere mechanical contrivance.
  • Buildings and structures.
  • Parts of articles not manufactured and sold separately.
  • Variations commonly used in the trade.
  • Mere workshop alterations of components of an assembly.
  • Mere change in size of article.
  • Flags, emblems or signs of any country.
  • Layout designs of integrated circuits.

Benefits of Design Registration-

All documents pertaining to a registered design are maintained by the Patent Office to put competitors on notice about registration of a design. A registered design provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act. Anyone found contravening to the copyright in a design, is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. Thus, registering a design provides legal remedy against infringement.

PACKAGES

Basic

Rs-7899/-

Design registration for one article, wherein the applicant is a proprietor or individual. Inclusive of government fee and GST.

Standered

Rs-9899/-

Design registration for one article, wherein the applicant is a legal entity having MSME or Startup registration. Inclusive of government fee and GST.

Premium

Rs-12899/-

Design registration for one article, wherein the applicant is a legal entity having MSME or Startup registration. Inclusive of government fee and GST.