Design Registration

Get Your Design Application filing  at just Rs 7000/- Only
(Inclusive of All Fees)

Introduction of Design Registration

Design registration is a type of intellectual property right governed by the Design Act, 2000, which helps to protect any newly created shape, configuration, patterns, and composition of lines or colors applied to an article created under an industrial process from counterfeiting.

Design registration provides the owner an exclusive right to use, sell, franchise, or contract the design as an intellectual property and intangible asset for ten years, which can be extended further for a limited period of five years through its renewal.

Lawmitra has a team of experts providing you with the best assistance, timely delivery, and guaranteeing the highest customer satisfaction concerning registration of DesignRegistration. You may get in touch with our team by email info.lawmitra@gmail.com for registration of Design.

Advantages of Design Registration

Legal Protection For Your Design

The design registration gives legal protection to the owner and enables him/her to sue in case of infringement of the same also in the case of design registration the owner is not required to prove

Upgrade Commercial Value

A design which has a unique and attractive character adds on the commercial value of the product and also increases the market value

Sole Marketing Rights

Due to the great marketability it gets hype with the design as customers are easily able to acknowledge the same

Enhanced Goodwill

The owner is allowed to use it to protect the market share , even the owner can sell the design for a sum of money

Documents Required

Details of Applicant
Applicant’s name, Address and nationality. In case the applicant is not a natural person then a documentary proof of business incorporation.

Details of the Design
Name of the object to which the design is to be applied.

Photograph of Article (Design)
We’ll let you know how many photographs we need when you share the design with us.

Profile data-cuate

GPOA and Affidavit
Draft of GPOA  and Affidavit will be provided by us after furnishing other details.

Statement of Originality 
We’ll share the draft of the statement when you share the design with us.

Determination of appropriate Class 
The class in which the design is to be designated and the articles to which the design is implemented.

Process Of Design Registration

Complete Documentation

The application for Design registration must be filed with Form 1 along with the requisite details

Details Of Design

Registration of the design. In the case where the design is two dimensional , two copies must be submitted ( The applicant must highlight the unique features of the design)

Drafting Of Design Specification

The Design Is Three Dimensional shape of articles , goods, equipment or auto parts, etc. based on the visual appearance it needs to be drafted into a written specification which require experience

Filing Of Design Application

Filing Of Design Application - Once the application's submission is made, the patent office will examine the application, and objections will be raised, if any

Reply To Examination

The final stage is to reply and redress any departmental objection raised by the Design department. If the department is satisfied, then issued a certificate of Design registration.

Objection and Hearing

An application is accepted when all the requirements are met and is notified in the Patent Office Journal. The Patent Office then registers the design and issues a certificate of design registration to the applicant.

More Insights on Design Registration ​

A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.

Following are some advantages that an owner can avail after getting registration of a design in India:

  • Exclusive rights over the new and original design
  • An asset of the proprietor/owner
  • Can initiate a legal proceeding in case of infringement by a third-party
  • Serve as a prima facie evidence in an infringement suit
  • Right to sell, transfer and license the design with ease

FAQs On Design Registration

A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.

 

Design registration is not mandatory, having a design registration protects the design’s uniqueness and authenticity.

 

A design registration bestows copyright on the design that is registered for 10 years which can be further extended by 5 years. The owner of the design has exclusive rights to use the design in the class in which it has been registered.

 

An application for design registration should be made as soon as possible after the design is finalized and before it is shown to others.

 

Application for obtaining design registration can be made by the proprietor of any design, an Assignee ( jointly or separately ), if the applicant is a non-resident Indian then his agent or representative should apply.

 

Yes, the ownership of design registration can be transferred by an assignment, a license agreement, or transmission.

 

For transferring the ownership rights of a design registration an application is to be made to the controller of Patents and Design in Form 10.

 

A design must include these qualities to obtain a design registration It should original and unique. The design should not be controversial or should offend the public order. It should not be published anywhere earlier Lastly, the design is applicable to the physical characteristics and does not include the procedural or mechanical elements.

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