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 The Act that was introduced in 1911 was repealed and replaced with the Design Act of 2000.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

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.

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.