Protect your Design.
Design Registration in India at Rs.3,999+Govt Fees.
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001.
Design registration is a type of intellectual property protection, under which a newly created design in terms of shape, pattern, configuration, composition or ornament of lines or colours whether in two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, that are applied to any article created under an industrial process can be protected from counterfeiting.
The finished article is such that, it can be judged solely by the eye and shall not be a mere mechanical device, mode or principal of construction.
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Benefits of Design Registration in India
The benefits of design registration have been explained below:
❁ Marketability -A proper design makes any article or ornament attractive as well as appealing. Hence, it enhances its commercial value and, at the same time, increases the marketability of the product.
❁ Protection – Whenever a design is protected, the author can sue the person or business who has copied or imitated the design. This assures that the design of the product is authentic and original and is protected for the owner.
❁ Rights of the Owner – Rights over dissemination, translation, reproduction and adaptation of work have been fully assigned to the creator of work.
❁Branding and Goodwill – As it is always said, branding plays an important role in promoting your work. So, Design registration can even help you to create a sense of goodwill and quality in the minds of your customer.
❁ Uniqueness – Whenever a designer adds something unique and creative to its product, it adds individual character to the design. The uniqueness has its approach in the market that helps form its own place between all the existing products.
Criteria for Design Registration in India
✿ Novelty and originality – A design shall not be registered if the design: (a) is not new or original or (b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing of application.
✿ Representation of Design – The core of the design is the features that are represented by the shapes, configuration, patterns, composition, or ornamentation that applies to an article.
✿ Exclusion – It does not include any trademark or any property mark or any artistic work, as defined in Section 2(c) of the Copyrights Act, 1957.
✿ Distinguishable – It should be significantly distinguishable from, known designs or combination of known designs.
Documents Required for Registration of Design in India
☘ Power of Attorney – if any agent or representative file application on behalf of client, then a power of attorney is required.
☘ Application – The application in filled-in Form-1 to be submitted.
☘ Form 24 – To be submitted for claiming status of small entity along with proof MSME /Udyam certificate.
☘ Priority Document – Priority documents are issued by the office where the first application was filed. In case if any filed earlier.
☘ Other documents – It includes Startup recognition certificate if any ,any declaration in affidavit ,certificate of incorporation or others
☘ Representation sheet – A sheet to be prepared which includes top view, bottom view, left side view, right side view, front view, back view, and perspective view of design . it is to be provide in Line drawings or product images or 3D rendering .
These documents are same for Company, Firm and Individual.
Registration process of Design in India
Application duly filled in on Form 1 along with the prescribed fees, stating name & full address, nationality of the applicant, name of article, class article to be applied along with all attachments.
After filing of online application in Portal https://ipindiaonline.gov.in/ a copy of 2 representation sheet along with all other documents self-certified which is attached in form 1, need to courier to Kolkata office within a week.
Any Defects or objections, noticed during examination of the application are communicated to the applicant or to his agent at the address for service in order to remove within stipulated time period. An application which owing to any neglect or default of the applicant has not been completed within stipulated time shall be deemed to be abandoned.
An application is accepted when all the shortcomings have been rectified. It is then notified in the Patent Office journal which is published on every Friday.
In case the defects as required by the Controller are not rectified, a hearing will be provided to the applicant. After hearing the controller shall decide whether the application should be accepted or not. The decision of the Controller will be communicated in writing to the applicant or his agent stating the reasons for the decision.
Any person aggrieved by the decision of the Controller refusing to register a design may appeal to the High Court. The appeal should be made within three months from the date of the Controller’s decision.
Protection Period for Design Registration
The Design Act legally protects all the registered designs under it for a period of ten years, which is renewable by another five years.
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