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 colors. 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 protection is granted for 10 years, which can be further extended to another 5 years on its renewal.
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.
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.
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.
An application is filed with required documents as per the list shared by us.
Once the application is examined and all the requirements are met, the application is accepted by the department.
Once the application is accepted, the registration is made and the certificate for the same is issued.
After registration of the design, it is notified in the official journal.
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Under the provisions of the Design Act, 2000, Section 10, the design registration India can be cancelled under the following circumstances:
The items which are not a part of the design registration are:
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.