A brief overview
In intellectual property law, a design registration protects against counterfeiting of an article created through an industrial process by securing protection against a new design being applied. In exchange for registration, the designer receives exclusive rights to use the design for a period of ten years, which can be extended for another five years.
Design Act, 2000 permits the registration of shapes, sizes, patterns, ornaments, or combinations of colors and lines applied to any article. However, in order to be registered, a design must meet the following requirements:
- Ideally, it should be new and original.
- In designing an article, shapes, configurations, patterns, patterns, or ornaments should be considered.
- Any article must be produced using an industrial process to apply the design.
- In the article, the design must be visible.
A registered designer can sue for infringement under the Design Act.
Under Section 2(d) of the Designs Act 2001, a design is defined as any shape, pattern, configuration, composition, or ornamentation of lines or colors that is applied to an article of two dimensions, three dimensions, or both by an industrial process. Mechanical, manual, or chemical means, whether in isolation or in combination, is judged mostly by their appearance in the finished products but is not taken into account as a matter of principle or any device that is merely mechanical in nature.
Registrar’s Checklist for Designs
Aspects to remember when registering your design:
- Registration of a trademark owned by the proprietor, subject to renewal.
- Eligibility should be determined by the intended commercial use.
- Execute a trademark search on the eminent and licensed trademark database to verify that there is no similar trademark.
- To address a trademark conflict, it is prudent to get a legal opinion.
- Preparation of an application for renewal and compliance with the appropriate conditions.
When completing a Design registration file properly, you should keep in mind the following:
- By filing a proper application, and addressing all aspects of the Design Act, an experienced professional from Filemydoc.com can significantly increase the chances of registering a design successfully.
- Registration is provided by the registrar basing each case’s facts and premise. Filing an application for design registration does not guarantee its registration. Design registration is a process, and registration is provided by the registrar basing each case’s facts and premise. Professionals at Filemydoc.com can provide proper guidance for filing design registration applications based on their knowledge and experience.
- After submitting a design registration application, it is essential to periodically check the application’s status on the Government’s website until it has been processed. A design registration application sometimes requires an applicant to respond to or take action within a specific timeframe. Therefore, it is essential to regularly check the application status and take the appropriate steps.
- In order to keep competitors informed about Registration and to prevent counterfeiting, the Patent Office maintains and publishes a list of all registered designs. A registered design owner can seek legal action under the Designs Act if his or her registered design has been harmed or pirated.
Registering a design requires certain documents
Here is a list of the documents and details needed to register a design.
- Obtain a certified copy of the original or certified copies of extracts from the disclaimer
- Fees may be charged for access to other public documents.
The affidavit should be in paragraph form and must declare truth and verifiability; however, the controller may regulate the registration fees in accordance with the fourth schedule.
How to register a design online
Following are the steps:
- An application for Design registration must be filed with Form 1 along with An application for Design registration must be filed with Form 1 along wi
4. Suppose the applicant is not a natural person, i.e., a company, then information regarding the legal status must be included.
- In Step 1, the Design registration application must include
- Step 3: Registration of the design. In the case where the submitted along with Form 1 andonal, two copies must be submitted. (The applicant must highlight the unique features of the design)
- Step 4: Suppose the application mentions registering the submitted along with Form 1 and class, then each class of Registration must have a separate application.
- Step 5: A disclaimer or novelty statement should be attached to each representation concerning the mechanical processes, trademark number, and letters.
- Step 6: The applicant or authorized person must endorse and duly sign each representation.
- Step 7: Once the application’s submission is made, the patent office will examine the application, and objections will be raised, if any.
- Step 8: Once all the objections are removed, the design shall be granted a Copyright certificate by the patent office.
Design registration benefits
Industrial designs can add to the value of a product, attract customers, or even serve as a point of differentiation, so manufacturers and designers should protect them as a part of their business strategy.
Through the registration of a design, the owner obtains the right to prevent its unauthorized copying or imitation by others. This makes good business sense because it improves the competitiveness of a business and often brings in additional earnings. one or more of the following ways:
- A registered design prevents its imitation and copying by competitors, and thus enhances its competitiveness.
- The registration of an industrial design can contribute to a fair return on investment since it is a valuable asset. A successfully registered design can increase a company’s value.
- The registration of a design can also be licensed (or sold) to others for a fee. Through licensing, you can access markets that you would otherwise not be able to access.
- A registered industrial design promotes fair competition and honest trade practices, which will, in turn, lead to a diverse range of aesthetically pleasing products.
A registrable design is what?
“Design” refers to the appearance of a product that derives from the features of, in particular, the lines, contours, colors, shapes, textures, or materials of the product or its ornamentation (sec. 1(2) RDA):
- A product may be designed (or part of the product may be designed) or ornamented.
- Aesthetic quality is not necessary for the design.
- Generally, external or internal aspects of the product’s appearance are protected as well as packaging, get-up, graphic symbols, typographic typefaces, and parts intended for assembly into a more complex product.
The term “complex product” refers to products with at least two replaceable components that permit disassembly and reassembly of the product (s. 1(3) RDA).
One-off works can include the design, which is not necessary to be industrially exploited.
- Designs are available in 2D and 3D.
- Provided the other registrability criteria are met, spare parts designs are registrable.
- Programs for computers are excluded
FAQs on Design Registration
A design is what?
Design refers to forms, ornaments, patterns, colors, the composition of lines, or any other visible aspect. It can be two-dimensional or three-dimensional.
Design registration is mandatory?
The registration of a design is not mandatory; however, it protects its originality and authenticity.
Why do I need to register my designs?
An owner of a registered design can use the design exclusively for ten years, which can be further extended by five years. A design registration gives the holder ten years’ copyright over the design.
What are the requirements for registering a design?
As soon as the design is finalized and before it is shown to others, an application for design registration should be filed.
Can anyone apply for a Design registration?
A design can be registered by its proprietor or assignee (jointly or separately). If the applicant is a non-resident Indian, then an agent or representative must file the application.