Design Registration in India

Company

• A certified copy of the original or certified copies of extracts from the disclaimer
• Affidavits
• Declaration
• Other public documents can be made available on payment of a fee.

Certificate

• Design Certificate

The application for Design registration must be filed with Form 1 along with the following details:

Step 01

• Name of the applicant
• Address of the applicant
• Nationality of the applicant

Step 02

• The name of the article to which the design is applied.

Step 03

• Registration of the design. In the case where the design is two-dimensional, two copies must be submitted. (The applicant must highlight the unique features of the design)

Step 04

• Suppose the application mentions registering the design in more than one class, then each class of Registration must have a separate application.

Step 05

• A disclaimer or novelty statement should be attached to each representation concerning the mechanical processes, trademark number, letters.

Step 06

• The applicant or authorized person must endorse and duly sign each representation.

Step 07

• Once the application's submission is made, the patent office will examine the application, and objections will be raised, if any.

Step 08

• Once all the objections are removed, the design shall be granted a Copyright certificate by the patent office.

Note

• The design registration is valid for ten years from the date of Registration.
• Suppose the applicant is not a natural person, i.e., a company, then information regarding the legal status must be included.

File Properly

• An experienced professional from IndiaFilings can significantly improve the chances of successful design registration by filing a professional application, addressing all the aspects of the Design Act.

Government Processing

• Filing a design registration application does not guarantee registration of the design. Design registration is a process, and Registration is provided by the registrar basing each case's facts and premise.
  Professionals at IndiaFilings can provide proper guidance for filing design registration applications based on experience and expertise.

Timeline

• Post filing of a design registration application, it is essential to periodically check the application's status until it is processed on the Government site. The design registration application process sometimes requires a time-bound response or action from the applicant.
  Hence, it is essential to continually check the application's status and take the required steps.

Protection

• A list of all registered designs is maintained and published by the Patent Office to put competitors on notice about Registration, Registering a design and preventing counterfeiting.
  In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.

10 Year Protection

• Designs registered under the Designs Act are protected for ten years, renewable by another five years. However, design registration mainly applies only to designs used by an industrial process on any article.
  Hence, items covered under the Trademark Act or Copyright Act cannot be registered as a design.