Design Registration In India
The design in the industry recognizes the new and up to date original features of shape, configuration, surface pattern, ornamentations and composition of lines or colours which are newly branded applied to articles which in the finished state appeal to and are judged solely by the eye. Design which is mere mechanical device does not include any mode or principal of construction. Trademark or any artistic work is also not included. The Design Registration in India is governed by The Design Act, 2000 and The Design Rules, 2001.
We have clients and we offer services in Ahmadabad, Rajkot, Baroda. We have tie-up with patent and trademark registration firms in Mumbai, Delhi and Bangalore.
Advantages of Design registration
To make article attractive and appealing, design plays a huge role in that as it adds commercial value of a product and increase its marketability. Design give new look to the product and hence it shows the quality of the product as well. Once design is registered, the design get protected and hence it become right of the owner to use that design and assure unauthorized copying or imitation of the design by third parties. The owner can sue for infringement, if his right is infringed by any person. Owner has full rights to sell or license his design as legal property for a consideration or royalty. Once registration is done it is valid for ten years from date of registration. If amount is not paid then his right will get cease. To recognize the product design plays important role. Design provides protection to the product as well.
Requirements and Procedure for Design Registration
To avoid anyone to use your design, so to protect your design registration is required and you have right to access that design. So to make design registered there are several information required
Requirement for design registration
Applicant detail:- Full name of applicant is required with his/her citizenship as well
Name of the article: -The design which is to be registered should have some title which should be unique and attractive.
Classification of the article according to Locarno Index: -Locarno index include food stuff, clothing, furnishing etc.
Representations: -Giving different views to the article which explain the article clearly and fully.
Procedure for design registration: -
Filing an Application Application form must be filed with four copies for the representation of the design with the prescribed fee and then number will be allotted accordingly.
Application Examination Once application is filed the design office takes up for examination and if they found any problem they will inform applicant and every correction can be done in 6 months.
Notification of objection If anybody has an objection with respect to design, then it can be claimed within a period of three months.
Design Acceptance Application is accepted when all official requirement and objective are met.
Design Refusal If there is any defect and/or applicant not able to fulfill the application can be refused.
PublicationAfter registration it is notified in Official Journal.
Design Registration After approval, application send for registration and registration certificate is issued.
Term of Design The Registration is valid for 15 years that include initial 10 years registration and 5 years renewal but if fee is not paid for extension it can be ceased.
Date of Registration The date of filing the application is called as date of registration in India.
Cancellation of Registration The interested candidate can cancel the registration at any time if the same is previously registered or published in any corner of the world or not new or not defined in the Design Act and may raise petition to the controller.
Finding out whether any registration already exists
Think the help of design officer and identify whether the design is previously used registered or not.
Preparing a representation of the design
The design should be prepared in A4 size white paper and that design should contain appropriate detail and heading which can highlight your design.
Identifying the class of design
There are 32 types of classes and design representation system and when you create the design it is mandatory to classify such design in two different classes so that the registration process can be done in a systematic manner.
Providing a statement of novelty
To claim your design it is mandate to provide a statement of novelty which will help examiner to examine the design and also provide protection
Including a disclaimer
Disclaimer should be available in the representation as it shows the type of pattern which is a symbol of the trademark in the form of words, text or numerical.
Claiming a priority date
If you want to apply for protection of your design International as well as the National countries then you need to apply for that within 6 months of filing the application.
Determining the fee to be paid
The fees can be paid through draft or through cash in Kolkata office. Initial charges for registration is 1 thousand and for renewal is 2 thousand.
Ensuring all enclosures are attached
While submitting the application, all the forms, documents and fees are attached and have to be submitted in Kolkata or Delhi office.
Complying with objections (if any)
If design officer want any of the additional document so that should be given as early as possible to examine your application early.
Providing full details
When you are filing the application , make sure that the contact details and your address are mentioned properly as it will be helpful for the design officer to stay in contact with you all the time for further update.