Design Registration
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Documents Required
- Application Form
- No Objection Certificate (NOC
- Aadhaar Card
- Power of Attorney (if applicable)
Design Registration
Design registration is a legal process that provides protection for the unique visual appearance of a product, covering its shape, configuration, pattern, or ornamentation. In India, design registration is governed by the Designs Act, 2000. Registering a design ensures that the owner has exclusive rights to use, sell, and license the design, preventing others from copying or imitating it without permission. This protection is crucial for businesses that invest in creating distinct product designs as it safeguards their competitive edge in the market.
Importance of Design Registration
Exclusive Rights:
Registration grants the owner exclusive rights to use the design on the product, preventing others from using or copying it.
Market Advantage:
A registered design distinguishes a product from competitors, enhancing its appeal and marketability.
Legal Protection:
Registered designs are legally protected, allowing the owner to take legal action against infringers.
Asset Value:
A registered design is an intangible asset that can be sold, licensed, or franchised, adding value to the business.
Preventing Misuse:
Registration deters competitors from using similar designs, thus preventing brand dilution.
Documents Required
Application Form (Form 1):
A duly filled application form specifying the class of articles to which the design applies.
Representations of the Design:
Drawings, photographs, or tracings showing different views of the design (front, side, top, etc.) to illustrate all aspects.
Statement of Novelty:
A statement explaining the novel features of the design that distinguish it from existing designs.
Priority Document (if applicable):
If claiming priority from an earlier application filed in a convention country, the priority document must be submitted.
Power of Attorney (if applicable):
If the application is filed through a representative or agent, a Power of Attorney is required.
Fee Receipt:
Proof of payment of the prescribed fees for design registration.
Registration Process
Conduct a Design Search:
Before applying, it is advisable to conduct a design search to ensure that the design is unique and has not been previously registered.
Prepare the Application:
The application must be prepared using Form 1, which includes:
Applicant’s details (individual or company).
Class and description of the article to which the design is applied.
Representation of the design (illustrations or photographs).
Submit the Application:
The application is submitted to the Design Wing of the Patent Office, either online or manually. The application should include the following:
Representation of the design (in triplicate).
Statement of novelty (highlighting the unique features of the design).
Power of Attorney (if filed through an agent or attorney).
Applicable fees.
Examination of the Application:
The application is examined to ensure that it meets all the legal requirements. The examiner checks for novelty, originality, and compliance with the Designs Act.
Publication of Design:
Once the design is accepted, it is published in the official journal, making it available for public inspection.
Issuance of Registration Certificate:
If no opposition is filed within the stipulated period, a design registration certificate is issued, granting the applicant exclusive rights over the design.
Duration of Protection:
The design registration is initially valid for 10 years from the date of registration. It can be extended for an additional 5 years upon renewal.
Criteria for Design Registration
For a design to be registered, it must meet the following criteria:
Novelty and Originality:
The design must be new or original, meaning it should not have been previously disclosed or published anywhere in the world.
Applicability to a Product:
The design should be applicable to a product, giving it a distinct appearance.
Non-Functional:
The design should not be purely functional; it must be aesthetic in nature. Functional aspects of a product cannot be protected under design registration.
Visible in Normal Use:
The design must be visible in the finished product when it is used in its normal way.
Not Contrary to Public Order or Morality:
The design should not contain any scandalous or obscene matter, or be contrary to public order or morality.
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