Design registration is a type of intellectual property right governed by the Design Act, 2000 which helps to protect any newly created shape, configuration, patterns, and composition of lines or colours applied to an article created under an industrial process from counterfeiting.
Design registration provides the owner and exclusive right to use, sell, franchise or contract the design as an intellectual property and intangible asset for a period of ten years which can be further extended for a limited period of five years on through its renewal.
Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to registration of DesignRegistration.You may get in touch with our team on 072407-51000 or email email@example.com for registration of Design.
Advantages of Design Registration
It should be new and original
It should not be close or near to any other existing design or a combination of known designs
It should not be a mere mechanical contrivance
It should be appealable to eye and be applied to an article
It should not be oppose to public order
Applicant’s name, Address and nationality. In case the applicant is not a natural person then a documentary proof stating the legal status and the place of incorporation
Name of the article to which the design is to be applied.
A brief statement of the novelty and claims for his design
Class of the article embodying the design
Name(s), age and address (es) and nationality (ies) of the Applicant/s whether they are partners or Directors of the firm/company.
Name, address, designation and nationality of the person who signs the General Power of Attorney
Document Required for Registration
Process of Registration of Design
1. Complete the Questionnaire
We will share a checklist with you asking about the documents as stated above for filing of Application on your behalf. It is important that an Application is filled with the professional help addressing all the aspects of the Design Act, 2000 thereby increasing the chances of getting it registered.
2. Acceptance of Application & Registration
We will file the application duly in the prescribed form duly signed t along with the requisite documents and which is thereafter will be examined by the Design Office and objections if any are raised to that.
Further, the Design Office issues a Certificate granting Copyright in registered design after the objections if any arose are being removed to the satisfaction of the Department.
3. Publication &Validity
Post registration of the design, it is notified in the official journal.
The registered design is valid for 10 years which may be extended to another 5 years on filing of application for extension with payment of prescribed amount.
Get Design Registration starting from ₹ 9000/-
How Design Registration is Different from Trademark
|S. No||Basis||Design Registration||Trademark|
|1.||Governed By||Design Act, 2000||Trademark Act, 1999|
|2.||Used to Protect||Features of shape, configuration, ornament, pattern or composition of lines or colours applied to an article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and judge solely by the eye.||Protection of the unique name that signifies a brand distinct from other. It Can include name, slogans, logo, shape, colours etc.|
|3.||Validity||It is valid for 10 years and which can be further extended to another 5 years||It is Valid for 10 years which can be made perpetual by renewing the same trademark every 10 years.|
|4.||Secures||It protects the design of the product.||It secures the brand under which the said product or services are sold|
|5.||offices||The patent office has authority to look over matters of Design Registration.||Trademark Office looks into every trademark related matter.|
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FAQs on Design Registration
- It must be newly invented and original in nature;
- The design should relate to features of configuration, shape ,pattern or ornament applied to an article;
- The design applied to any article must be by an industrial process;
- The design must appear on the final product and must be clearly visible;
- It should not deal with anything which is covered under the trademark, copyright or patent registration.
Piracy of a design is the application of a design or imitation to any article belonging to the same kind of class of articles in which the respective design has been already registered for the purpose of sale or its importation of articles without the prior written consent of the registered proprietor.
No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it.
Any person stating to be the owner or proprietor of new and original design which is not previously published anywhere and which is also not contrary to the public morality, can apply for the registration of the same. Further, any agent if appointed for the same may apply for the registration on behalf of its owner.