Design Registration
Basic
Design registration for one article, wherein the applicant is a proprietor or individual.
Standard
Design registration for one article, wherein the applicant is a legal entity having MSME or Startup registration.
Design Registration
Design registration is a form of protection of intellectual property where a newly designed design used in a product created under an industrial process can be protected from counterfeiting. Design registration gives the creator exclusive rights to use the design for ten years, which can be extended for five years.
The shape, form, pattern or decoration, or the composition of the lines and colors or combinations used in any article may be registered under the Design Act, 2000. But in order for a project to be registered, you must meet the following conditions:
- It should be new and original.
- The design should be related to the shape, shape, pattern, or decoration used in the theme.
- The design should be applied to any article by industrial process.
- The design should be visible and should appear on the topic.
Under the Design Act, the registered owner of the design may seek legal redress in the event of a breach.
Description of Design
The design is defined under Section 2 (d) of the Design Act of 2001, as only the elements of shape, pattern, shape, composition, or decoration of lines or colors used in any two-dimensional, three-dimensional article, or both by industrial process or by any other method which may be mechanical, manual or chemical, separated or combined, which in the finished article is divided by the eye only; but it is ignored by the goal of building or just anything mechanical.
Documents Required for Registration Design
The following documents must be submitted for project registration:
- Certified copy of original or certified copies of excerpts from the disclaimer clause
- Oaths
- Proclamation
- Other public records may be made available for payment.
The affidavit must be in the form and must contain a declaration of truth and affirmation. However, the costs involved in registering a project may be controlled by the controller according to schedule four.
Design registration process
Step: 1 – Application for registration of the Design must be completed on Form 1 with the following details:
- Name of the applicant
- The address of the applicant
- Nationality of the applicant
Suppose the applicant is not a natural person, that is, a company, he must include details about the legal status.
Step: 2 – Name of the article in which the design is used
Step: 3 – Project registration. In the case of a two-dimensional design, two copies must be delivered. (Applicant must highlight different aspects of the design)
Step: 4 – Suppose an application talks about registering a project for more than one class, each Registration class must have a separate application.
Step: 5 – A disclaimer or new statement should be attached to each presentation relating to equipment procedures, trademark number, letters.
Step: 6 – The applicant or authorized person must approve and sign each submission.
Step: 7 – Once the application has been made, the patent office will review the application, and objections will be raised, if any.
Step: 8 – Once all the objections have been removed, the design will be issued a copyright certificate by the copyright office.
Project registration is valid for ten years from the date of Registration.
Difference between Design Registration and Trademark
Design Registration
A design registration would enable the protection of the physical appearance of a distinctive product you are planning to sell to the public (so long as that appearance does not affect the product’s function in any way)
A design registration protects any new and innovative ornamental design of an article of manufacture.
Trademark
A trademark would defend the symbols or words you use to identify the product as coming from your specific business. Trademark registration protects a word or words, name, symbol, or drawing used in commerce to distinguish one source of goods or services from that of another.
Significant aspects to keep in mind during Design registration
File Properly
An experienced professional from AK taxes can significantly improve the chances of successful design registration by filing a professional application, addressing all the aspects of the Design Act.
Government Processing
Filings a design registration application does not guarantee registration of the design. Design registration is a process, and Registration is provided by the registrar basing each case’s facts and premise.
Professionals at AK TAX can provide proper guidance for filing design registration applications based on experience and expertise.
Timeline
Post filing of a design registration application, it is essential to periodically check the application’s status until it is processed on the Government site. The design registration application process sometimes requires a time-bound response or action from the applicant.
Hence, it is essential to check the status continually check the application’s status and take the required steps.
Protection
A list of all registered designs is maintained and published by the Patent Office to put competitors on notice about registering a design and preventing 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.
10 Year Protection
Designs registered under the Designs Act are protected for ten years, renewable by another five years. However, design registration mainly applies only to designs used by an industrial process on any article.
Hence, items covered under the Trademark Act or Copyright Act cannot be registered as a design.
Frequently Asked Questions
A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.
Design registration is not mandatory, having a design registration protects the design’s uniqueness and authenticity.
A design registration bestows copyright on the design that is registered for 10 years which can be further extended by 5 years. The owner of the design has exclusive rights to use the design in the class in which it has been registered.
An application for design registration should be made as soon as possible after the design is finalized and before it is shown to others.
Application for obtaining design registration can be made by the proprietor of any design, an Assignee (jointly or separately), if the applicant is a non-resident Indian then his agent or representative should apply.