Design Registration in India
Transparent Fee & Easy Process
Industrial design is the creation of new shapes, configurations, surface patterns and colors that appeal to the eye and are applied to manufactured articles in the finished state. Design registration protects a product’s design by complying with the Designs Act, 2000 at the Office of Controller General of Patents, Designs, and Trademarks.
Online filing design registration application in India
The registration and protection of industrial designs in India is administered by the Indian Designs Act, and corresponding Indian Designs Rules. The Design Rules were further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. In December 2014, a new category of applicant as small entity was added in addition to natural person and other than small entity.
The purpose of registering a design is to protect a novel or innovative design, which is to be applied to a specific article through manufacturing process. At times, we see that the buying behavior of the customers towards some articles for consumption is inclined not only by their actual product quality but also by the design of their appearance, e.g., a telephone phone pen, or car. The main objective of registering a design is to make sure that the particular artisan or creator does not get deprived and deceived of his bonafide reward by some copycats who might tend to use his design on their goods.
Here are reasons why you should obtain design registration.
Legal Protection – The copyright registration process gives creators or owners of original work the ability to protect their work and to stop others from stealing it.
Market Presence – Design registration can be used to promote your creative work among mass in a single go. It’s easy to use for marketing or publishing.
Rights of the Owner – The rights to the dissemination, translation, reproduction, and adaptation of this work have been completely assigned to its creator.
Global Protection – India grants Design protection to works registered in design act in many other countries, and vice versa.
Makes Work Known – People can easily find registered work and it can be easily searched on many platforms with the registered database.
Branding or Goodwill – As the saying goes, branding is everything! And when it comes to promoting your work, design registration can help you create a sense of goodwill and quality in the minds of your customers.
A Complete Guide to the Design Registration Process
The first thing to remember is that you can apply for design registration with five different authorities: Controller Designs Patent Office in Kolkata, Patent Office in Delhi, Patent Office in Ahmadabad, Patent Office in Mumbai, Patent Office in Chennai.
When an application is filed with any one of the four offices in Delhi, Mumbai, Chennai, and Ahmadabad and is rerouted to Kolkata’s head office, the following is the process for filing a design registration:
In Form-1, you must submit the following documents:
- a) Name of the Applicant as per PAN card issued by tax department .
- b) Address of the applicant as per Business address or Aadhar address.
Nationality of the Applicant- The applicant is not a natural person. Your application must include the information about where the entity was incorporated, for example, and its legal status.
The required application fee with application.
The Locarno Classification groups articles in a hierarchical structure by the design’s class and sub-class.
The name of the article for which the design is created.
If your design is two-dimensional, two copies of your plan should be submitted. Further, you should highlight the unique features of your design that differentiate it from any other existing models.
If you are registering a design in more than one class, each level of registration must have its own separate application.
A statement of disclaimer or novelty must be attached to each representation. It must also be endorsed and duly signed by the applicant or the authorized person on behalf of the applicant.
Once you’ve submitted your application, the patent office examines it and raises objections if there are any. Once all the objections have been cleared, you will receive a copyright certificate from the patent office.
The design registration will be valid for ten years from the date of filing application with registrar.
The registration period can be extended by another five years before the expiry of the first ten-year period by submitting Form-3, paying a fee of Rs. 2,000 and fulfilling certain conditions.