Register a Design
Under section 2(d) of the Designs Act 2001,Design is defined 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 mere mechanical device.
In India, Design protection and registrations are organized by Designs Act 2000 and Designs Act 2001. The Design Act 2001 was additionally revised by the Design (Amendment) Act 2008 along with the Design (Amendment) Act 2014. The latest Amendment to Design Rules came into existence on 30th December 2014 that introduced a new category where the applicant is covered under the small entity with extension to natural person.
Process of Design Registration in India, Design protection and registrations are organized by Designs Act 2000 and Designs Act 2001. The Design Act 2001 was additionally revised by the Design (Amendment) Act 2008 along with the Design (Amendment) Act 2014. The latest Amendment to Design Rules came into existence on 30th December 2014 that introduced a new category where the applicant is covered under the small entity with extension to natural person.
Document requirements for Design Registration
The following documents are requested to be submitted to avail design registration:
- An accurate certified copy of the original document or certified copies of all disclaimers.
- All affidavits
- All declarations
- Other civic documents can be feasible on payment of a fee
The affidavit should contain truth and authenticity and be structured in paragraph form.
Required Documents
The following documents are requested to be submitted to avail design registration:
- An accurate certified copy of the original document or certified copies of all disclaimers.
- All affidavits
- All declarations
- Other civic documents can be feasible on payment of a fee.
The affidavit should contain truth and authenticity and be structured in paragraph form.
Procedure for Patent Registration
The first thing is to know that the application for registering Design can be applied to five different authorities:
- Controller Designs Patent Office in Kolkata
- The patent office in Delhi
- The patent office in Ahmedabad
- Patent Office in Mumbai
- The patent office in Chennai
It is a prerequisite to fill out Form-1 with respect to the application for design registration with the following details:
- Name of applicant
Provide the Full name of the applicant
- Address of the applicant
Provide the Residential Address of the applicant
- Nationality of the applicant
Provide the Nationality of the applicant
- Valid and Lawful Status
In case of a company, information with respect to the place of incorporation and valid and lawful status of the entity.
- The applicable required fee.
- Name Adaption
The name of the article to which the design is adapted for.
- Locarno Classification
The class and sub-class of the article supporting Locarno Classification of the article demonstrating the design.
Benefits of Design Registration
Acquir Legal Right
After registration of design, the owner acquires the legal right to act with respect to legal terms and conditions against impersonating.
Ensure Protection
Ensures originality and protection of the product or industry design.
Profitability
Design registration significantly increases the profitability of the product.
Prevent Duplicity
Lawful armor of design registrations prevents the actions of duplicity and ensures particularity of the product.
Representation of Design
- In case the design is two-dimensional, it is recommended to provide two copies of the design.
- In case If the design is three-dimensional, it is recommended to provide two copies of the design with an aspect to front, back, top, bottom and two sides are necessary to be submitted.
- It is necessary for the applicant to present particular features of the design that set it apart from any other designs.
1
If the applicant wants to register the design in more than one class, it is recommended to register for each class separately.
2
A statement of disclaimer or originality must have to be placed with each representation with respect to mechanical processes, trademark, numbers, letters etc. It is endorsed that the applicant or authorized individual must ratify and duly sign and date each recommendation.
3
After submitting the application, the patent office will analyze the application and may raise obligations, if any. Clearance and removal of all the obligations will grant a copyright certificate from the patent office.
4
The course of registration can be increased by 5 years more before the expiration of the first ten-year period by applying with Form-3 and paying a fee of 2000 rupees.
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FAQ’s
The Design should be exclusive and should not be in uniformity to other designs.
Once registered it remains valid for 10 years from the date of registration and can be renewed for more 5 years by submission of the prescribed fee.
Yes, it can be renewed within a year from its date of closure.
In case of violation of the act the owner may file a suit against the violator to recover damages, prohibiting their use and takeover of violated products.
No, after expiration of the copyright it is not possible to re-register a design.
The registration of design can be removed anytime after registration of design for cancellation in form-8 with required fee to the Controller of Designs on the subsequent points
· Design has been formerly registered in India
· The design is not original
· That it is already been published
· The design does not fall under the criteria of Clause(d) of Section 2.
The Fees to be paid together with the application for design registration, Rs.1000 and renewal fees is Rs.2000.