The controller controls the expenditures associated with the Design Meet to Get Registered following the fourth schedule. Contact Vakilsearch
The Design Petition process and document review are just two of the many phases and procedures involved in the registration of designs. It takes six months to find out whether a Petition has been accepted or rejected. Additionally, registering a design involves a number of steps. To register, all of these legal papers and a registration Petition must be delivered to the registrar’s office. Vakilsearch has made it easier for you to Design Meet to Get registered your design so that you can focus on operating your company.
What is Design Enrollment?
The term “design” refers to the particular characteristics of shape, figure, patterns, blueprint, or structure of lines or hues, or a mix of these, applied to any product in 2 or 3-dimensional formats or in both formats.
The design may be created through a manual, mechanical, automated, or chemical process that is independent of or all-encompassing, making the finished product appealing to and recognizable only by sight.
The process for registering and protecting different industrial designs in India is facilitated by the Designs Act-2000 and the related Designs Rules-2001. Any mode, standard, construction, or thing that is merely mechanical is not covered by this, nor is any trademark that has been registered, as that term is defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958, or any property mark or creative work as that term is defined in Section 2(c) of the Copyright Act, 1957.
What Makes Design Enrollment so Important?
The aim is to protect an original industrial design that hints at the development of novel and revolutionary aspects of a product, immediately identifiable by the distinctive shape, structure, patterns, beautification, and mix of such shapes or colors.
A business organization in India can acquire a strong and well-placed legal defense to protect distinctive designs from copying or being exploited to promote and foster creativity and originality.
The Importance of Registering Your Designs: What You Need to Know
According to the Design Act of 2000, the design must meet the requirements listed below to be registered and protected:
- Original and new design stipulates that a design cannot have been used or published before the date of Petition or design enrollment in any nation
- The characteristics that are embodied in an article’s shapes, arrangements, patterns, composition, or ornamentation form the basis of the design
- Artistic creations, property marks, and trademarks should not be included
- The design must be distinctly different from the other designs that have already been registered. Similar or identical designs, regardless of how little they differ from each other, do not qualify for registration.
What Steps are involved in Registering a Design?
The first thing to be aware of is that there are five separate authorities to whom the Petition for design enrollment may be submitted.
- Controller Designs Patent Office in Kolkata
- Patent Office in Delhi
- Patent Office in Ahmadabad
- Patent Office in Mumbai
- Patent Office in Chennai
The following is the Petition process for filing the design enrollment whenever an Petition is filed to any one of the four offices in Delhi, Mumbai, Chennai, or Ahmadabad, it is forwarded to Kolkata’s head office:
- The following documents must be included with the Petition in Form-1:
a) The applicant’s name
b) Address of the applicant
- Country of Origin of the Applicant
a) The applicant does not qualify as a natural person. For instance, if the entity is a firm, the location of incorporation and the legal status of the entity must be disclosed.
b) The necessary Petition cost
- The Locarno Classification classes and subclasses for the item represent the design
- Design representation: Two copies of the plan must be given if the design is two-dimensional. The applicant must additionally emphasize the design’s distinctive qualities that set it apart from any competing models
- A separate Petition is required for each level of registration if a request to register the design in more than one class is filed
- For each depiction involving mechanical processes, numbers, trademarks, letters, etc., a statement of disclaimer or uniqueness must be included. Additionally, the applicant or the representative who has been given authority to act on behalf of the applicant must endorse, sign, and date each representation
- The patent office reviews the Petition after it is submitted, and if any objections are found, they are then raised. The patent office must award the design a copyright certificate after all objections have been resolved
- The design enrollment is valid for ten years from the date of the registration
- By filing a Petition via Form 3 and paying a cost of ₹2000, the registration period may be extended by an additional five years prior to the conclusion of the first ten-year period.
What Paperwork is Required for a Design Enrollment?
The following papers must be submitted to register a design:
A properly certified copy of the original document or certified copies of all disclaimer excerpts
- All Affidavits
- Correct Declarations
- On payment of a charge, any additional public records can be accessed
Make sure to submit the affidavit in paragraph form. It should include a statement of verifiable truth. The controller controls the expenditures associated with the design enrollment procedure following the fourth schedule. Contact Vakilsearch for any help with the process.
How to Track the Progress of a Design Form?
It typically takes between 6 and 9 months to register a design with the Indian Patent Office (IPO) after applying for such registration.
At IP India Services, the IPO allows the applicant, his agent, or any other individual to check the status of a Petition they have filed with them during a temporary period. The applicant only needs to input the Petition number in the designated box to see the status of his design Form.
Conclusion
Since the majority of the population in India is quite religious and prefers to develop designs following their customs, you will find that the majority of businesses use their religious and cultural symbols as their company mark designs.
After choosing and constructing a business identity, it is necessary to register it to prevent copying. Use Vakilsearch‘s experienced advice for registering your designs and other business-related challenges.
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