Ask 4 Compliance | Design Registration
451
page-template,page-template-full_width,page-template-full_width-php,page,page-id-451,qode-quick-links-1.0,ajax_fade,page_not_loaded,,qode-title-hidden,qode_grid_1300,footer_responsive_adv,qode-theme-ver-11.0,qode-theme-bridge,wpb-js-composer js-comp-ver-4.11.1,vc_responsive

DESIGN REGISTRATION

Drop Your Query!

DESIGN REGISTRATION

Design registration is a type of intellectual property protection, under which newly created designs applying to an article created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any 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 are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark or property mark (as defined in Section 479 of the Indian Penal Code) or artistic work (as defined in clause (c) of section 2 of the Copyright Act, 1957).

Any person claiming to be the proprietor of any new or original design may apply for registration. A proprietor may be from India or from a Convention Country. A proprietor may be:

  • an author of design,
  • a person who has acquired the design,
  • a person for whom the design has been developed by the author, or
  • a person on whom the design has devolved.

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, which 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.

Our team of highly qualified professionals at Ask4compliance.com can help your business obtain Design Registration to avail a host of benefits.

Process & Timeline

12-15 Months

Professional Fees

Rs. 5500

(GST, Government Fees and other Out of Pocket Expenses Extra)

Pay Now!

Find Trademark Class For Goods and Services

ADVANTAGES OF DESIGN REGISTRATION

  • Protection: List of all registered designs are 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.
  • 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 required action until registration.
  • 10 Year Protection: Designs registered under the Designs Act are protected for a period of ten years, renewable by another 5 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.

DOCUMENTS REQUIRED FOR REGISTRATION OF DESIGN

  • Name, address and nationality of the Applicant.
  • Two copies of Representation of the Design.
  • Statement of Novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet.
  • Representation Sheet where the exact representation of the article is made for which registration is sought. Representation shall be exactly similar drawings, photographs, tracings including computer graphics or specimens of the design. The Controller may require a specimen of the article to be submitted at the time of examination, in rare cases.
  • Name of Article and class to which the article belong as classified in the Third Schedule based on Locarno Classification.
  • Power of Attorney, if any, on stamp paper duly accepted by attorney/signed by the applicant

Free Consultation

Got questions? Request a call from an Ask 4 Compliance Business Advisor.