Design Registration in India | Documents | Unilex
The Registration and protection of Industrial designs in India is administered by the Designs Act,2000 and corresponding Designs Rules , 2001 .The Designs Rules,2001 was further amended by designs amendment Rules 2008 , and Designs amendment Rules, 2014 . Design Act aims at promoting innovative activity in the field of industries and serves its purpose will in the rapid changes in technology and international developments. The Design Act provides the user friendly legal system for protection of design in India.
The Industrial design recognizes the creation new and original features of new shape, configuration and 2 D patterns, lines , composition or ornamentation of an article can be protected through a registered design that signifies and protects all the rights of the registered proprietor in the design.
Why it is important to Register the Design ?
- It Protect the statutory Right
- It gives you a Unique Selling Point.
- It Prevent all other from producing, importing , selling or distributing products having an identical appearance or a fraudulent or obvious imitation.
- It is an asset and can be licensed .
Design Registration Term period :
The term of Design Registration is upto ten years from the date of Registration. It is renewable for a further period of five years. If the fee is not paid for further registration, then the right will cease. There is a provision for the restoration of a lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.
Main Features of Design :
- Design should be new or original.
- It should not be published in any country.
- Not contrary to public order or morality .
- Should not attract the provision of section 4 of Designs Act,2000.
Which Design Not Eligible for Registration ?
The Following designs not eligible for registration :
- Which is not new or original.
- Disclosed to the public anywhere in India or in any other country by publication or by use or in other way prior to the date of filling.
- Not Significantly distinguishable from known designs or combination of known designs .
Apart from above, these following categories are also not eligible for registration :
- Post cards, stamps and medals.
- Token , cards and cartoons.
- Calendars and certificate.
- Forms and documents.
- Greeting card
- Maps and plan Cards.
Who can file the Application for Registration of Design ?
Any Person- Proprietor of a design:
Partnership/ Corporate Body
For applicants who are not residents of India applications are to be filed through an agent residing in India.
Where to apply Design Registration?
An application for registration of design can be filed any of the four patent offices located at delhi, Kolkata, Mumbai or Kolkata. Any Interested person may apply for a design registration by filling the application in the prescribed format along with the prescribed fees.
Design Registration Procedure :
Our Experts will prepare & Submit the Registration form & application to the design wing of the patent office in Kolkata, delhi , Mumbai or in Chennai based on their requirements and information collected.
After the application is dated , numbered and taken up for examination defects, if any will be communicated to you.
The defects must be corrected within six months from the official date of application.
If the controller is not satisfied with the correction, a personal hearing will take place, and the decision will be given in writing .
If the applicant is not satisfied with the decision, they may appeal to the high court within three months of the decision.
Once the application is accepted, it is notified in the patent office journal and is valid for a period of 10 years from the date of registration.
We always provide the tracking and guide you on every steps of the registration.
Cancellation Of Design :
The Registration of a design may be cancelled at any time after the registration of design on a petition for cancellation to the controller of designs on the following grounds:
If the design has been Previously registered in India .
It has been published in India or any other country prior to the date of registration .