Design Registration
Overview of Design Registration in India
As per the Design Act of 2001, a design encompasses the features of shape, pattern, or configuration, including lines and colors, whether two-dimensional, three-dimensional, or both, according to industrial standards. Section 2D of the Design Act of 2001 further elaborates that a design can be mechanical, manual, chemical, separated, or combined, and its evaluation is purely subjective.
The design of an organization is regarded as intellectual property, necessitating registration to safeguard its aesthetic appeal.
The Designs Act of 2000 governs the establishment and protection of designs in India, having replaced the Act introduced in 1911. Registration of your design is compulsory to prevent competitors from imitating your unique design registration.
Procedure for Design Registration in India
Conduct a design search: We will conduct thorough research on existing designs to ensure the novelty and originality of your design, minimizing the risk of potential infringement issues.
Prepare and file the application: Our team will handle the preparation and filing of the design registration application on your behalf. This involves submitting all necessary documentation, such as drawings or photographs of the design, along with required information.
Examination of the application: Following the filing of the application, the Indian Design Office will review it to verify compliance with all requisite criteria.
Publication in the official gazette: Upon acceptance, the design will be published in the official gazette, allowing the public an opportunity to raise objections, if any, to the design registration.
Grant of Registration: Upon resolution of objections, if any, or upon overcoming them, the Indian Design Office will issue the design registration. A certificate will be provided, valid for a period of 10 years.
Renewal of Registration: Upon expiration of the initial 10-year term, registration can be renewed for five years. Vakilsearch will facilitate the renewal process, ensuring continuity of design registration.
Documents Required for Design Registration
To initiate the design registration process, the following documentation is essential:
- Required Affidavits: Submission of necessary affidavits is mandatory.
- Certified Copy of the Original Document: A certified copy of the original document pertaining to the design is required.
- Copies of the Disclaimer’s Excerpts: Copies of excerpts from disclaimers must be included.
- Additional Documents: Any supplementary documents deemed necessary should also be provided.
- Appropriate Format with Statement of Truth: All documents should be presented in an appropriate format, accompanied by a statement of truth.
- Fourth Schedule Compliance: The controller has the authority, as per the fourth schedule, to regulate the expenses related to design registration.
- Signed Power of Attorney: A power of attorney, duly signed by the owner and other relevant partners or directors, is essential.
- Form 21 (if filed through agents and advocates): If the registration is carried out via agents or advocates, Form 21 needs to be furnished.
- Four Copies of Design with Image: Four distinct copies of the design, along with an image, are required during the registration process.
- Incorporation of Fact Sheet: Subsequently, a fact sheet comprising all pertinent details regarding priority usage and design particulars needs to be included.
Exclusions from the Scope of Design Registration
It’s important to note the following exclusions from the ambit of design registration:
- Design registration does not extend protection to literary or artistic works such as books, calendars, stamps, tokens, buildings, structures, and maps, in contrast to copyright protection.
- Furthermore, designs resembling national flags, emblems, or symbols of any country are ineligible for application.
Validity of Design Registration
A design registration remains valid for a period of 10 years from the date of registration. Following this initial term, it can be extended for an additional 5 years by paying the prescribed fees. Failure to renew the registration in a timely manner results in its expiration. However, the design can be reinstated through the following procedure:
If renewal fees were not paid within the stipulated time frame, an application for restoration must be submitted using Form 4 within one year of the design’s expiry. Upon approval of the application, the requisite renewal fees must be settled.
Eligibility Requirements
- Any individual, their legal representative, or assignee is eligible to submit either a single application for registration or multiple applications.
- The term ‘person’ encompasses various entities, including partnership firms, smaller entities, and corporate bodies.
- If the applicant is a Non-Resident Indian (NRI), a representative or agent must file the application for design registration.
Key Points to Remember While Filing Design Registration Application
- To expedite the processing of a Design Registration Application, it is imperative that the application form is accurately completed and all necessary documentation is prepared in advance. Many forms are initially rejected due to filing errors.
- Extensions for responding to formal objections are frequently contested by agents or attorneys, resulting in additional delays of 4-5 months. Therefore, meticulous preparation of documents for Design Applications is crucial.
- The Designs Wing of the Patent Office is dedicated to registering all properly submitted Design applications, meeting crucial conditions, excluding registration, within one month from the date of application filing.
Benefits of Design Registration in India
Outlined below are the advantages of design registration in India under the 2000 Act:
Legal Protection Against Design Copies: Registering designs empowers businesses to prevent unauthorized usage of their designs for manufacturing, selling, or distributing products.
Extended Validity: A design registration certificate online remains valid for a duration of ten years, with the option of extending its validity for an additional five years upon expiration.
Distinguishing Advantage: Design registration in India confers a distinct advantage upon business owners, ensuring that their products possess a unique appearance, setting them apart from competitors’ offerings.
Preservation of Originality: Products featuring registered designs maintain their uniqueness, having not been utilized in India or disclosed in any other member state of the WTO.
Client Engagement: A significant benefit of design registration is its reliance on visual evaluation, appealing directly to the general public and potential clients.
Encouragement of Innovation: The prerequisite for uniqueness in design registration fosters innovation by necessitating products to be enticingly different from competitors’, thereby promoting innovation and fostering healthy competition.
Design Registration Status
During the interim period, applicants, their agents, or any concerned party can monitor the status of a design registration application submitted to the IPO at ipindiaservices.gov.in. The process to check the status is straightforward; by entering the ‘application number,’ users can access the results.
Cancellation of Registered Design
As per Section 10 of the Design Act of 2000, the applicant holds the authority to cancel a registration under the following circumstances:
- If the design is already in widespread use.
- If the registered design lacks uniqueness.
- If the design is already registered.
- If the design had been published in another country before the registration date.
- If the design fails to adhere to the guidelines outlined in the Design Act regarding its definition as a design.
Legislation Governing Design Registration
The comprehensive regulation of industrial designs in India falls under the purview of the Designs Act of 2000. Enacted on 11th May 2001, this Act superseded the earlier legislation of 1911.
The Design Rules of 2001 underwent subsequent amendments through the Designs (Amendment) Rules of 2008 and the Designs (Amendment) Rules of 2014.
Types of Design Registration Applications
Design registration applications are categorized into two distinct types:
- Common Application:
- This type of application is regular and does not assert priority.
- Reciprocity Request:
- An application for reciprocity claims priority over a previously filed application in a convention country.
- The application must be submitted in India within six months from the date of filing in the convention country.
- It’s crucial to note that the six-month timeframe cannot be extended.
Recent Updates
December 21, 2022
The Design Registration process has undergone enhancements for efficiency. Physical forms or documents are no longer mandatory for submission, except for the assignment, attested/notarised copy of the original Power of Attorney, and original affidavit (if applicable) for e-filed applications. Applicants are strongly encouraged to utilize the online portal for filing forms and documents.
December 17, 2022
The National Institute of Design (NID) has extended the enrollment deadline for NID DAT 2023. Candidates now have until December 22, 2022, to submit their applications.
Why Trademarkwala?
Our experts will assist you through a significant technical process, alleviating a considerable burden and ensuring the future-proofing of your design. We are recognized for our swift filings and complete online process. Follow these straightforward steps to register your design in 2 months:
Our experts at Trademarkwala will facilitate the preparation of your design registration with minimal effort on your part. As our experts handle the registration application, you’ll need to send a power of attorney to authorize us to act on your behalf.
Once filed, our experts will submit your registration along with the required documentation, and you’ll receive the design number.
We will then lodge your application with the design wing of the patent office, allowing you to track the application status using the design number.
The examination process should be concluded within 6 months, and it’s essential to periodically monitor the application status.