Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. It is a type of intellectual property protection, under which new designs which are created under the industrial process and that can be protected against counterfeiting. For a design to be registered, it must satisfy the following conditions;
- it must be new and original;
- the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process, and
- the design must be visible and should appear on an article.
Once registered, it provides exclusive rights to the creator over use of the design for a period of ten years, which can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act, 2000.
LEGALRAJ will assist you in registration of Design for you. The average time taken to draft and file a design registration application is about 10 – 15 working days, subject to government processing time and client document submission.
Important aspect of design registration:
1. Professional Filing: It is necessary to file the application, supporting documents and proceed for design registration professionally. An experienced professional can help significantly improve chances of successful design registration by filing a professional application, addressing all the aspects of Designs Act.
2. Government Process: The Registration is provided only by the Registrar - based on the facts and premises of each case. Filing a design registration application does not guarantee registration of the design. Design registration is a process and hence our professionals can only make best efforts for filing of design registration application based on experience and expertise.
3. Timelines: Design Registration Application Process sometimes requires various time-bound responses or actions from the Applicant. Hence, it's important to continually check the status of the application and take required action until registration.
4. Protection: In case of infringement or piracy of a Registered Design, the owner of the registered design can seek legal remedy under the Designs Act. List of all registered designs are maintained and published by the Patent Office to put competitors on notice about registration of a design and prevent counterfeiting.
5. Validity: Designs registered under the Designs Act are protected for a period of ten years with renewable by further 5 years. However, design registration mainly applies only to designs applied by an industrial process on any article. Hence, items that are covered under the Trademark Act or Copyright Act cannot be registered as a design.
What is the process for Design Registration ?
Step 1: Generate the enquiry on our website
Step 2: Our expert will provide you with the instructions as to how to proceed
Step 3: Fill up the checklist of documents and provide necessary documents to us
Step 4: We will start the registration process and provide you with the documents submission receipt.
What you will receive in Design Registration Package?
1. Expert consultancy.
2. Complete and end to end documentation.
3. Trade Mark Search.
4. Payment of Govt. fees.
5. Certifying and submission of application.
6. Certificate of Registration from TM Registry.
1.What is meant by 'Design' and the ‘Article’?
'Design' means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include;
"Article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately except stamps, labels, tokens.
2. What are the documents required for Design Registration?
Click on Get Quotation tab above and fill the details, you will receive required documents list and quotation in few seconds in your mailbox. No charges for requirement list and Quotation.
3. Will I get any certificate after registration of my design?
Yes. When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant.
4. What is the object of registration of Designs?
Object of the this Act is to protect a new or original designs so created to be applied or applicable to particular article which are manufactured by Industrial Process or means.
Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. Thus, the important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bona fide reward by others applying it to their good.
5. What is the effect of registration of design?
The registration of a design confers a 'Copyright' in the design for the period of registration. 'Copyright' means the exclusive right to apply a design to the article belonging to the class under which it is registered.
6. What is the duration of the registration of a design?
The duration of the registration of a design is initially 10 years from the date of registration, but in cases where claim to priority has been allowed the duration is 10 years from the priority date.
7. Can a design, once expired, be renewed?
No. a Design Registration cannot be renewed.