Design Registration

Everything About the Documents Needed for Design Registration

Online Legal India LogoBy Online Legal India Published On 07 Feb 2023 Category Trademark

The Design Act of 2000 clarifies the documentation requirements for design registration. The office of the controller general of designs, patents and trademarks works to prevent duplication by ensuring that a product's design has an original form, arrangement, pattern, line composition, or combination.

According to the Act, a design may be registered if it has a unique shape, configuration, pattern, composition of lines, adornment, or particular combination.

Every firm has particular needs when it comes to creating and printing its products. Whether you're manufacturing a single type of product or have a team of designers working on multiple projects, having the right materials and equipment is essential. Everything you need to know about product registration paperwork, including what it is, who should file it, and how specifically it might help your business, is covered in this blog.

What is a design?

Things may have qualities, shapes, patterns, arrangements, or compositions when lines or colours are applied in a group. The Designs Act, 2000, which came into effect on May 11, 2001, and the Design Rules, 2001, govern the process of design registration in India.

The Design Act addresses a design's aesthetic appeal, although it does not apply to any construction method, mechanical device, artistic creativity, or other mechanically-based aspects. For works protected by the Trademarks Act and the Copyright Act, trademark protection is also provided. Additionally, the third schedule of the Design Act specifies a classification system that is used to register designs for a specific type of object.

The validity of a design registration is ten years from the date of registration and may be expanded for an additional five years upon request. The registration date and the filing date of the priority application are the same. Customs, however, permit an earlier application that was made in a country to likewise assert priority over a later application.

What are the design registration criteria?

According to the Design Act of 2000, a design cannot be applied for or registered if it has already been used or published in another nation.

Along with its features, the design must also include its shape, layout, pattern, composition, and adornment. It might not be only limited by the eye.

Furthermore, it doesn't matter how something was made or how it was applied.
There shouldn't be any creative works, domain names, or brand names from other businesses in the design.

Even though your design differs greatly from the other designs that have already been registered, if it breaks even one of the aforementioned rules, it cannot be registered.

What are the documents required for a design registration?

The aforementioned paperwork must be provided in order to register a design:

  • A properly certified copy of the original document or certified copies of each disclaimer.
  • All the affidavits.
  • All the declarations.
  • On payment of a charge, any further public papers might be made available. 

The affidavit must be submitted in the correct format. The cost of the design registration procedure is controlled by the controller.

  • To register, utilise a non-judicial stamp paper worth 200 rupees that has been duly signed by the company's owners or controlling partners (form 21 for advocates and agents; otherwise, a general power of attorney must be required).
  • The design was printed four times.
  • You must supply images, sketches, or tracings of the design.
  • A4-sized paper must be used, and the design must include usage and priority documentation.

Two application categories were established by the 2014 Design (Amendment) Rules:

  • Individuals, and
  • non- Individuals.

The several pricing structures that apply to applicants depending on how they are classified. Small firms benefit from lower application costs for design registration. A design certificate's owner has the legal authority to prohibit anyone from using the design without his permission.

In the event that a third party makes use of the design without first notifying the owner, the owner may initiate a lawsuit for damages against the infringer. He is therefore entitled to payment for any design usage rights that are violated.

Benefits of design registration

Here are some simple advantages of registering a design under the Design Act 2000.

Legal shield against design plagiarism

The Design Registration procedure forbids other organisations from copying, reproducing, selling, or distributing their goods with a design that is identical to the original one.

Extended validity

A certificate of design registration is good for ten years. After this time period has passed, the validity may be renewed for an additional maximum of five years.

Gives a unique selling point

The design registration unquestionably gives a business owner a differentiation. This means that with a registered design, a business entity's products acquire a distinctive character and appearance from those of its competitors.

Saves creativity

The goods with registered designs are wholly original, which indicates that neither they have ever been utilised in India nor have they been previously published in any WTO member country.

Generates client response

Another significant advantage of registering a design is that it only appeals to the general public and is only evaluated visually.

Generates innovation

Since originality is one of the main requirements for registering a design, the product must be enticing and distinctive enough from competitors in order to encourage innovation and healthy competition.

Types of applications for design registration

Two categories of design applications exist,

1.Ordinary application

An ordinary application cannot assert priority.

2.Reciprocity application

A reciprocity application asserts priority over one that was previously submitted in a convention country. Within six months of the date the application was filed in the convention nation, the application must be filed in India. The six-month timeframe cannot be extended.

Key points to remember while filing a design registration application

For a Design Registration Application to be processed quickly, the application form must be properly completed and the representation must be ready. 90% of applications are now reportedly liable to rejection during the formality check stage. Only a small number of submissions are rejected for important factors like originality and uniqueness. If not, they are challenged for improper filing. Consequently, it's crucial to thoroughly submit the application.

For the purpose of filing a response to such formal objections, extensions are frequently challenged by agents or attorneys, which results in an additional delay of 4-5 months. As a result, it is essential that the documents needed for Design Applications be prepared with great care. The turnaround time for the Design registration application procedure will be greatly shortened as a result.

The Patent Office's Designs Wing is dedicated to registering all properly submitted Design applications. In just one month from the date of application filing, this satisfies the important conditions, excluding registration. The implementation of this measure began in April 2011.

Conclusion

At Online Legal India, we aim to take care of the legal hassles so you can concentrate on running your business. By following these easy procedures, you may register your design in two months. With the least amount of work required, our experts will help you prepare your design registration.


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