DESIGN REGISTRATION
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- Design registration certificate
- Time: 3-4 Months
- 100% Online Process
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WHAT IS DESIGN REGISTRATION?
Design registration is a type of intellectual property registration which is governed under the Design Act, 2000. In India, such registration provides protection to any shape, configuration, patterns, the composition of lines or colours. However, the design has to be original and must be applied via the industrial process to appear on the final product with a clear distinction judged solely by normal vision, it will not deal with anything that is covered under patent registration, copyright registration, or trademark registration.
A design registration gives the owner of the design a right to sell, franchise, or contract the design as it is an intellectual property and intangible asset. In India, it provides the owner with an exclusive monopoly power of protecting the design for a limited period. The period of a protection is granted for 10 years, which can be further extended to another 5 years on its renewal.
FEATURES
Legal Protection
Design registration in India serves as a legal proof for the owner and opens up a range of legal options in a case on infringement. As a legal recourse in case of infringement, the owner of the design can sue the person committing the infringement.
Competitive advantage
Design registration provides an edge over the competitors as the person or entity that has registered the design has exclusive rights to apply the design to the article on the class under which it is registered.
Increase Business revenue
Through design registration, it is easy for the owner of the design to sell, franchise, or commercially contract the design. This can help in increasing business revenues by opening up alternative revenue streams.
Requirements
- A design to be registered should be new and original.
- Should not be similar to any existing design.
- Should not just be a mechanical contrivance.
- Name of the Applicant with full address & other details.
- Complete specification of the design to be registered along with required copies of the same.
- Copy of Power of Attorney, if applicable.
- Proof of priority, if applicable (any previous registration or application made for registration).
Process for Design Registration
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Filing of Application
An application is filed with required documents as per the list shared by us.
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Acceptance of Application
Once the application is examined and all the requirements are met, the application is accepted by the department.
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Registration
Once the application is accepted, the registration is made and the certificate for the same is issued.
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Publication
After registration of the design, it is notified in the official journal.
Price
Frequently Asked Questions (FAQs)
Under the provisions of the Design Act, 2000, Section 10, the design registration India can be cancelled under the following circumstances:
- The design is unoriginal or similar to other design already in the market.
- The design is already registered in India.
- The design is already published in another country prior to the date of design registration India.
- The design does not comply with the eligibility criteria of the Design Act, 2000.
The items which are not a part of the design registration are:
- Literary or artistic work like books, calendars,stamps, maps, tokens, building and structures
- Emblems or national flags or signs or symbols of any country.
- A proprietor of the design (firms or corporate entity)
- An assignee (either separately or jointly)
- In case of an NRI, his or her agent or legal representative
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While applying for the design registration, the applicant needs to make a request for search with the Design Wing of the Patent Office by filling up Form No. 6 (if you know the registration number of the existing design) or Form No. 7 (by using a representation of the design)
No, design registration India is not mandatory, but it is better to have a design registration to avail the unique benefits associated by obtaining the registrations.