Overview

Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Design registration provides the creator exclusive rights to use the design for ten years, which can be further extended for five years.

A shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act,2000. But for a design to get registered, it must satisfy the following conditions:

• It should be new and original.
• The design should relate to shape, configuration, pattern, or ornament applied to an article.
• The design must be applied to any article by an industrial process.
• The design must be visible and should appear in the article.

A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.

Get Started to Apply For Design Registration

Benefits of Design Registration

• Ability to Sue :
  When a design is successfully registered, the design owners have the right to file litigation against any imitator. This makes sure that the owner of Design is able to hold their market share by maintaining exclusivity over their product or industrial Design. As of 2019, the trade-in imitation goods stands at 3.3% of the overall world trade that means registering designs grants entities the power to litigate the rising number of counterfeiters.
• Extended Validity :
  A certificate of Design Registration is valid for ten years, and after that, the validity can be further renewed or extended up to the next five years.
• Legal Protection Against Plagiarism :
  This is one of the essential benefits of Design Registration. The registration process of Design restricts other companies to copy, sell, distribute, or reproduce their products bearing a similar Design to the original one.
• Increased Commercial Value :
  Design Registration under a Patent authority boots its commercial value and makes the product more marketable. This is because a product having an owner design increases product positioning in the viewpoint of potential customers.
• Fair Market Competition :
  On an extensive outlook, when an immense number of innovators register their designs, it adds some competitive spirit among the market players. This forces the R&D activities, which in turn encourages further innovation n and mutual benefits for organisations and customers.
• Induce Customer Response :
  Another one of the essential benefits of Design Registration is that it just appeals to the customers and is judged or examined solely by the eye.
• Return on Investment :
  Upon registering a Design, the applicant company or organisation gains the exclusive right to commercialise their product. It also adds to their IP (Intellectual Property) portfolio and boosts their intangible assets. These assets often create extra revenue streams and thus lead to high returns on investment.
• Product Differentiation :
  A registered design is followed by all the relevant documents comprising the concept and design art that makes it unique. This basically gives the owner of the design a competitive edge in their respective market from a perfect business model outlook.
• Ability to License Out :
  Design owners who have their designs registered under a particular Patent authority gain the ability to license out their designs to external manufacturers. They can do this within their particular Patent jurisdiction to benefits from the profitable royalties paid by the licensee organisation.

Checklist for Design Registration

Significant aspects to keep in mind during Design registration:

• Pre-existence of a registered trademark, possessed by the proprietor, subject to renewal.
• The intent for commercial use should be analyzed for eligibility.
• Make sure that there is no similar trademark, by executing a trademark search of the eminent and licensed trademark database.
• If there is a conflict of trademark it is prudent to get a legal opinion for a feasible solution.
• Procure and prepare an application for renewal and thereby comply with appropriate conditions.

Significant aspects to keep in mind during Design registration File Properly :

• File Properly :
  An experienced professional from Filemydoc.com can significantly improve the chances of successful design registration by filing a professional application, addressing all the aspects of the Design Act.
• Government Processing :
  Filing 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 Filemydoc.com 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 Registration 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.

Documents Required For Design Registration

Listed below are the documents and details required for Design Registration.

• A certified copy of the original or certified copies of extracts from the disclaimer
• Affidavits
• Declaration
• Other public documents can be made available on payment of a fee.

The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the cost involved in design registration may be regulated by the controller according to the fourth schedule.

How to Apply For Design Registration Online

The procedure is as follows:

• Step 1: The application for Design registration must be filed with Form 1 along with the following details:
  1. Name of the applicant
  2. Address of the applicant
  3. Nationality of the applicant
  4. Suppose the applicant is not a natural person, i.e., a company, then information regarding the legal status must be included.
• Step 2: The name of the article to which the design is applied
• Step 3: Registration of the design. In the case where the design is two-dimensional, two copies must be submitted. (The applicant must highlight the unique features of the design)
• Step 4: Suppose the application mentions registering the design in more than one class, then each class of Registration must have a separate application.
• Step 5: A disclaimer or novelty statement should be attached to each representation concerning the mechanical processes, trademark number, letters.
• Step 6: The applicant or authorized person must endorse and duly sign each representation.
• Step 7: Once the application's submission is made, the patent office will examine the application, and objections will be raised, if any.
• Step 8: Once all the objections are removed, the design shall be granted a Copyright certificate by the patent office.

Why Filemydoc.com for Design Registration

1. Access to Expert : We provide access to best professionals and coordinate with them to fulfill all your legal requirements. You can also track your job progress with our easy-to-use dashboard, at all times.
2. Realistic Expectations : By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on each process to set a realistic expectations.
3. Strong Legal Team : With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.

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