The design registration process is governed by the Designs Act, 2000. It protects the design identity. Now learn what are the documents needed for registering your design
Overview:
The Design Act, 2000 throws light on the set of documents needed for design registration. At the office of controller general of patents, designs, and trademarks to protect against counterfeiting by ensuring that a product’s design has a new shape, configuration, pattern, composition of lines, or a particular combination. As required by the Act, a design may be registered if it has a unique shape, configuration, pattern, composition of lines, ornament, or a particular combination.
Each company has its own unique needs when it comes to designing and printing its products. Whether you are manufacturing a single type of product or have a team of designers working on different projects, having the correct materials and equipment is essential. This article covers all the details you need to know about product registration documents, including what they are, who should be filing them, and how exactly they can help your business.
What Is a Design?
The design includes features, shape, pattern, configuration, or composition, for any set of lines or colours applied to goods. The Designs Act, 2000, came into effect on 11 May 2001, and the Design Rules, 2001 govern India’s design registration.
The visual appeal of a design is covered by the Design Act, but it does not include any mode of construction, mechanical device, artistic work, or any other feature that is part of a mode of construction or a merely mechanical device. The Trademarks Act and the Copyright Act also include trademark protection for works that are covered under them. Furthermore, the design registration is made for a single kind of article based on a classification system specified in the third schedule of the Design Act.
A design registration lasts for ten years from the date of registration and may be extended for five years on request. The date of registration is the same as the date of filing the priority application. In conventions, however, an application that was filed previously in a country may also claim priority from an earlier application.
Benefits Of Design Registration
The following are some benefits that a design owner can obtain after registering a design in India:
- Exclusive ownership of the innovative and original design
- A proprietor/owner’s asset
- Can bring a legal action if a third party violates their rights.
- Right to easily sell, transfer, and licence the design as prima facie evidence in an infringement claim
Essential Requirements For Registration Of Design
The following are fundamental elements that must be met under the Design Act, 2000 in order for a design to be registered and protected under the Act:
- A design should be unique and distinctive. This means that it should not have been used or published in any nation prior to the date of registration application.
- A design should be easily distinguished from existing designs or a combination of existing designs.
- A design should not include or include scandalous or vulgar material.
- A design should not be merely a mechanical device.
- A design should be applied to an article and should be visually appealing. A design should not be in violation of public order or morals.
Information Required For Registration Of A Design
The information needed for design registration are as follows:
- Applicant details like Name, address, nationality, etc
- Company detail, if filing as company
- Name of the article, which design is to be applied for registration.
- A brief description of the article.
- Power of attorney
- Class of the article
- Details of the person, who is signing a power of attorney
What Are the Design Registration Criteria?
- The Design Act, 2000 stipulates that a design must not have previously been utilized or published in any country before it is applied or registered
- The design must comprise its features, as well as shape, arrangement, pattern, composition, and decoration. It may not be restricted merely by the eye
- Moreover, the process or method of creation and application is not relevant
- There should be no artistic works, domain marks, or brandings belonging to other companies in the design
Even though there are significant differences between your design and the other designs that have already been registered, the design cannot be registered if it breaches any one of the above criteria.
Documents Required for Design Registration
The documents needed for design registration are:
- Aadhar Card, Pan Card of the proprietor
- Aadhar Card of one partner or director(In case of partnership firm or company)
- Gst registration of firm, company
- Incorporation certificate of a company( in case of a company)
- Partnership deed(in case of partnership firm)
- Power of attorney given to the agent and it should be signed by the proprietor, partner or director
- Photograph of Article i.e., Front view, Back view, side view, down view
- Description About the article unique features
- Documentary proof( if any previous registration is there)
REGISTER YOUR DESIGN ONLINE NOW
What Are the Advantages of Design Registration?
- An accurate design makes any article attractive as well as appealing, to enhance its commercial value and marketability. Moreover, the marketability of the product is increased by making it attractive
- The owner of any design can sue any individual or business for copying or imitating it, if the design of the product is deemed original and authentic
- Design registration protects the image or diagrammatic representation of products or packaging. The other party contesting the legitimacy of copyright must prove it if necessary
A design registration can be regarded as the perfect alternative to prove a copyright’s legitimacy. When a designer makes something unique and creative for its product, it adds individual character to the design. Its uniqueness has its origins in the market, which enables it to establish its niche among all the existing brands.
Protection Given to Design Registration
When a design is registered, it receives copyright for a period of ten years (extendable by five years). The proprietor thus has an exclusive right to use the design in the class in which it has been registered.
How Vakilsearch Can Help in Design Registration
At Vakilsearch, we want to eliminate the legal burden and help you to focus on your business while we take care of the rest. Following these simple steps will get your design registered in 2 months. Our specialists will assist you with preparing your design registration with minimal effort.
- Step 1: Reach out to our experts and they will address all your queries and collect all the required documents
- Step 2: We will send a power of attorney to apply on your behalf, and they will file your registration along with the necessary documents and you will receive a confirmation number
- Step 3: We will file your application with the design wing of the patent office and you will get a design number to track its progress.
FAQs
What are the requirements for registration of designs?
The requirements for registration of designs in India are:
✷ The design must be new or original
✷ The design must not be commonplace or obvious
✷ The design must be capable of industrial application
✷ The design must not be contrary to public order or morality
How do I file a Design Registration?
You can file a design registration in India by submitting an application to the Controller General of Patents, Designs and Trademarks (CGPDTM). The application must be accompanied by the following documents:
✷ A drawing or photograph of the design
✷ A description of the design
✷ A declaration that the design is new or original
✷ The prescribed application fee
What is the requirements for registration of industrial design?
An industrial design is a new or original ornamental design for an article of manufacture. The requirements for registration of an industrial design in India are the same as the requirements for registration of a design.
How is design registered in India?
The process of design registration in India is as follows:
✷ You submit an application to the CGPDTM
✷ The CGPDTM examines your application and determines whether it meets the requirements for registration
✷ If your application is approved, the CGPDTM will register your design and issue a registration certificate
✷ Your design will be protected for a period of 10 years, which can be renewed for a further period of 5 years
How much govt charge for design registration in India?
The cost of application of design registration for a natural person is INR 1000.
How much does design registration cost in India?
The cost of design registration in India includes the government charge and the cost of legal fees. The cost of legal fees will vary depending on the complexity of your application.
Is registration of design mandatory?
No, registration of design is not mandatory in India. However, there are a number of benefits to registering your design, such as:
✷ You will have exclusive rights to use the design in India
✷ You will be able to prevent others from copying your design
✷ You will be able to use the design as a marketing tool
Is it compulsory to register a design?
No, it is not compulsory to register a design in India. However, there are a number of benefits to registering your design, such as the ones mentioned above.
What is the purpose of design registration?
The purpose of design registration is to protect the intellectual property rights of the designer. Design registration gives the designer the exclusive right to use the design in India for a period of 10 years, which can be renewed for a further period of 5 years. This means that no one else can use the design without the permission of the owner.
