Design Registration

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 The Act that was introduced in 1911 was repealed and replaced with the Design Act of 2000.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

  • Check for Former Registration

    The first step is to check if you have registered your Design in the previous. For that, you need to file an application to the Office of the Patent. It is good of you to register your designs as soon as possible because the system works on the basis of the first-to-file rule.

  • Application

    Then, you need to write an application for the registration and provide the information such as full name and address, whether you are an individual or an entity, detail about the article and its class, etc.

  • Examine and Approval

    Once you fill and submit the application, then the Patent Office inspects it. If it's all together, it gets registered and approved, and later, the Registration Certificate is issued to the applicant or the owner. After the planned recording, the article, along with other bibliographic information, gets advised in the Patent Journal Office, distributed. The complete thought could take around a year in the complications event.

  • Registration

    Once your Design is completely registered, it makes an entry into the Registrar; it's a document that Patent Office maintains. It consists of the design number, class number, filing date, name, and address of the owner.

  • Duration

    The validity of Design Registration is up to ten years, and further, it can be extended for the next five years.

  • Primacy Claim

    India is one of the participants of the Paris Convention, so the arrangements for the privilege of need are relevant. This case allows you to file another application in a different country for alike or Trademark, significant as of the date of filing the primary application.

  • Design Infringement

    In case of any design infringement or violation, the owner of a registered design has the power to take some lawful action to stop misuse and to claim any damage. The lawbreaker has to pay Rs. 25,000/- for any damage caused by the lawbreaker.

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.

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.
Key Points To Remember While Filing Design Registration Application
  • For a Design Registration Application to be processed quickly, the application form must be properly completed and the representation must be ready. The majority of forms are initially rejected due to faulty filing
  • For the purpose of filing a response to such formal objections, extensions are frequently challenged by agents or attorneys, which results in an additional delay of 4-5 months. As a result, it is essential that the documents needed for Design Applications be prepared with great care
  • The Patent Office's Designs Wing is dedicated to registering all properly submitted Design applications. In just one month from the date of application filing, this satisfies the important conditions, excluding registration.

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.

Design Registration Status

The IPO makes it possible for the applicant, his agent, or any other person to check the status of an application they have submitted to the IPO at ipindiaservices.gov.in/ during the intervening time. However, there are not many steps to check the status you can also simply type, Design Application Status and you can enter the ‘application number’ and see the results.

Cancelling a Registered Design

As per the Design Act of 2000 under Section 10, the applicant has the authority to revoke a registration under the following circumstances -

  • If the design is already prevalent
  • If the design registration is not unique
  • The design is already registered
  • Before the registration date, the design had already been published in another nation
  • Does not follow the Design Act's guidelines for what constitutes a design.

Law That Regulates Design Registration

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 Finxurance ?

Our experts will be able to guide you through a significant technical process that would lift a significant burden off your shoulder and ensure that your design is future-proof. We are known to ensure prompt filings and make this entire process completely online. Follow these simple steps to get your design registered in 2 months:

  • Our experts at Finxurance will help prepare your design registration with ease and minimal effort. While our experts prepare the registration application, a power of attorney is to be sent to allow us to apply on your behalf
  • Our experts will file your registration along with the necessary documents and you will receive the design number
  • We will file your application with the design wing of the patent office and you can use the design number to track the status of your application.
FAQs

Frequently Asks Questions

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

Send a request to the Patent Office to find out if registration for a design is still in effect. The request should be made on Form 6 if the design number is known; if not, it should be made on Form 7 along with the required fees.
A design’s registration is valid for ten years from the date of registration at first, but if a priority claim has been recognised, the registration period is extended to ten years from the priority date.
Yes, the Designs Act also contains a few other provisions that make registration under the Designs Act less advantageous for fashion designers.
The Design Office issues the certificate granting copyright in registered designs after any objections, if any, have been resolved to the department’s satisfaction. The period that the copyright in a registered design is valid is ten years.
A design’s registration grants the registered proprietor ‘copyright’ over the design for the duration of the registration. The term ‘copyright’ refers to the sole authority to use a design on an article falling under the category for which it is registered.
Once a design has been registered, the owner has the authority to prohibit any further use, imitation, or duplication. This makes sense because it increases the positive brand image and, typically, brings in more income.

You can check the design registration status on the official site. The details have been given in the same page. However, if you need any assistance, Vakilsearch is ready to assist you with its legal help.

Don’t worry!! Our expert will help you to choose a best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at info@finxurance.com or call us @+91 9643 203 209.