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Design Registration
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The Purpose of obtaining the design registration under the Designs Act is to safeguard a novel or an innovative design so created which is to be applied to a specific article under manufacturing process through an Industrial Process or mode. The duration of design registration is for ten years which can be extended by another five years. Contact us to avail the services.

Design Registration in India

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. A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device. The registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years.

Our Package for the Design registration includes the following functions-

  • Filing the Application
  • Providing Report of Examination
  • Controller Response
  • Design Publishing
  • Design Registration
 

Benefits of having Design Registration

Legal Shield Against Design Plagiarism

The Design Registration process restricts other entities to copy, reproduce, sell or distributetheir products bearing an identical design to the original one.

Extended Validity

A Design registration certificate is valid for a period of 10 years. After the expiry of this validity period, the validity can be further extended up to 5 years more.

 

Gives a Unique Selling Point

There is no doubt that the design registration gives a business owner a Unique Selling Point. This means that with a registered design, the products of a business entity get a unique characterand appearance from that of its rivals.

 

Saves the Creativity

The products with registered designs are globally unique, which means they are not formerly published in any of the WTO member nations and are also not used by anyone in India before.

 

Induces Client Response

Another important benefit of registering a design is that it just appeals to the general customers and is judged solely by the eye.

 

Induces Innovation

As uniqueness is the key criteria for Design registration, the product has to be alluring and unique enough from others, this promotes innovation and gives ultimate boost to healthy competition.

Procedure For Design Registration

The complete process of Design Registration is explained below –

I. Examination

The application for registration of a design is refereed by the Controller of Designs to an Examiner of Designs for conducting examination as to:

  • Whether the application and the documents satisfy the formal requirements, and
  • Whether such design as applied to an article is registrable, under the provisions of the Designs Act, 2000 and Designs Rules, 2001.

II. Formality Check

The Examiner determines whether:

  • Application is in prescribed format?
  • Prescribed fee has been paid?
  • Name, address, and nationality of the applicant is mentioned?
  • Address for service is given in the application form?
  • Declaration of proprietorship is given in the application form?
  • Representation sheet is in a manner as prescribed in Rule 14?
  • Power of authority, if applicable, is filed?

III. Substantive Examination

Substantive examination is carried out to ascertain whether the proposed design is:

  • Desirable design under the Act?
  • New or original?
  • Prejudicial to public order or morality?
  • Prejudicial to the security of India?

IV. Consideration Of Report Of Examiner

The Controller shall consider the report of Examiner on eligibility for registration of a design as applied to an article and if it is eligible for registration, the same shall be registered forthwith. The registration certificate shall be issued and sent to the applicant at the earliest.

  • If upon consideration of the report, the Controller is of the opinion that there are objection(s) adverse to the applicant or the application requires some amendment(s), a statement of objections shall be communicated to the applicant.
  • If the applicant fails to comply with the objections or fails to apply for a hearing within three months from the date of communication of statement of objections, the application shall be deemed to be withdrawn.
  • Period for removal of objections shall not exceed 6 months from the date of filing of the application. However, this period can be extended by further 3 months by filing a request in Form-18 within the 6 months’ period.

If the applicant complies with all the requirements laid down under the Act and Rules, communicated in the form of statement of objections, the application shall be granted design registration.

V. Design Registration & Publication

Once an application is registered, it is published in the Patent Office Journal ordinarily within one month.

The registration number is same as the application number. Normally, the date of registration of an ordinary application is the date of filing of the application.

VI. Register Of Designs

All the registered designs are entered in the Register of Designs maintained at Patent Office, Kolkata. The register is available to public for inspection purpose. However, an e-register is also available on the IPI official portal.