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What Is Design Registration
Design refers to the features of pattern, ornamentation, shape, configuration, ornamentation or composition of lines or colours in two or three dimensional forms. The design registrations give the exclusive right to proprietor to apply a design, which ahs been registered.A design is what makes an article attractive and appealing. Hence, it adds to the commercial value of a product and increases its marketability.
When a design is protected, the owner i.e. the person or entity that has registered the design is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure that the design of the products is exclusive to the owner and the customer can at once identify the design of the product as that of the owner.
Requirements for Registration of Design
- A design should be new or original
- Not be disclosed to the publication in tangible from or by use or in any other prior to the filing date, or where applicable, the priority date of the application for registration.
- Significantly distinguishable from known design or a combination of known designs
- Not comprise or contain scandalous or obscene matter
- Not be a mere mechanical contrivance.
- Be applied to an article and should appeal to the eye
- Not be contrary to the public order
- Full name, address and nationality of applicant / applicants.
- Photographs / drawings of article showing different poses from all angles, five copies of each pose.
- Power of Attorney
- List of countries to claim the priority, if any, where the application / applications for design has / have been filed, along with date and application number.
Terms of Design & Renewal
- Primarily, design registration confers this right for ten years from the date of registration. This initial period of design registration may be extended by further period of five years.
- The design is renewed after ten years from the date of application.
Procedure For Registration
Obtaining The Information(1-3 Working Day)
- Our design expert will collect the necessary information and the documents required for the design registration from your side to initiate the process.
Application Prepration & Submission(3-4 Working Day)
- Once, the design registration application is prepared and signed by you, we will electronically file it with the Design Registrar.
Document Submission(1-2 Working Day)
- Once the application is filed, it is then examined by the Government Design Office and objections, if any, are raised thereto. Once the objections are complied with, the application is accepted and a certificate of registration is issued.
Frequently Asked Questions
What is meant by ‘Design’ under the Designs Act, 2000?
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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 or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
What is meant by an article under the Designs Act, 2000?
Under the Designs Act, 2000 the “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.
What is the object of registration of Designs?
Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
When does the Applicant for Registration of Design get the registration certificate?
When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.
What is the effect of registration of design?
The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.
Who can apply for registration?
Any person claiming to be the proprietor of any new or original design, not previously published in any country and which is not contrary to public order or morality, may apply for the registration of the same. An agent appointed for the same may also apply for registration on the behalf of the owner.