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Design Registration

DESIGN REGISTRATION

WHY A DESIGN NEEDS TO BE REGISTERED

Design of a product can be registered to avoid counterfeiting by complying with The Designs Act 2000 at the Office of Controller General of Patents, Designs and Trademarks. According to the statute, a design of a product can be registered if it has a very new a shape, configuration, pattern or ornament or composition of lines or color or combination is applied. In order to make a design valid for registration, it must be new and original, applied for composition, pattern or ornament which is created through an industrial process.

The purpose of registration is to provide the owner of the design exclusive rights to exploit the design and use it for commercial purposes. The mere filing of an application does not guarantee the registration of a design as various facts will be considered by the registrar before allowing the registration. Therefore it is advisable to seek professional assistance in the process of applying for registration as the expert hands will ensure better drafting of application which increases the chance of getting the design registered and the status of registration needs to be checked periodically, seeking professional assistance can help you sort with that requirement as well.

eStartIndia comprises of best professionals who would help you in the register a patent online before the Comptroller. We offer assistance to various performances like company registration, trademark registration, patent registration, copyright registration, design registration, and other connected services. The average process time for trademark objection is within 14 days, subject to government processing time and documents submitted by clients.

eStartIndia will help you with all design registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored for each individual.

Get a free Consultation for Design registration with Our Top Rated Experts with a simple registration.

WHO CAN APPLY TO REGISTER A DESIGN?

The owner of the product or his authorized agent can apply to register the design. In case an authorized agent is applying an affidavit by the owner authorizing the agent must be submitted.

ADVANTAGES OF DESIGN REGISTRATION

  1. LEGAL PROTECTION: A registered design owner can approach the court in case of infringement claiming damages. But this facility is not available for unregistered designs.
  2. EXCLUSIVE RIGHTS: The registration allows the design owner to have exclusive rights to use, explore and transfer the product for commercial usage and gain profits.
  3. GLOBAL PROTECTION: Though the registration of a design is only valid in India it can be used as a basis for registration of a patent in any other part of the world.
  4. VALIDITY: The patent registration provides special rights to the patentee for 10 years which is extensible up to another 5 years.
  5. CREATES MONOPOLY: The competitors who sell similar goods cannot use a similar design. All the right to use the design for commercial use vests with the owner.
  6. CREATION OF ASSET: The design that is registered becomes an intellectual property which is an asset that can be sold, franchised or contracted for commercial purposes.

DOCUMENTS REQUIRED

  1. IDENTITY PROOF: The identity proof of the owner of the authorized agent applying for registration must be submitted which can be Driver’s license, voters ID, Aadhaar card, ration card or passport.
  2. FORM 1: Form 1 of The Designs Act 2000 must be submitted which includes name, address and citizenship details of the applicant and the title of the product intended to be registered.
  3. REPRESENTATION: The representation of the product showing different views of the design has been submitted in drawings or photograph form ( in quadruplicate on A4 size paper).
  4. PRIORITY DETAILS: In case the design claims priority in terms of being registered in another country then such documents validating the priority has to be produced.

 

WHO CAN APPLY TO REGISTER A DESIGN?

The owner of the product or his authorized agent can apply to register the design. In case an authorized agent is applying an affidavit by the owner authorizing the agent must be submitted.

ADVANTAGES OF DESIGN REGISTRATION

  1. LEGAL PROTECTION: A registered design owner can approach the court in case of infringement claiming damages. But this facility is not available for unregistered designs.
  2. EXCLUSIVE RIGHTS: The registration allows the design owner to have exclusive rights to use, explore and transfer the product for commercial usage and gain profits.
  3. GLOBAL PROTECTION: Though the registration of a design is only valid in India it can be used as a basis for registration of a patent in any other part of the world.
  4. VALIDITY: The patent registration provides special rights to the patentee for 10 years which is extensible up to another 5 years.
  5. CREATES MONOPOLY: The competitors who sell similar goods cannot use a similar design. All the right to use the design for commercial use vests with the owner.
  6. CREATION OF ASSET: The design that is registered becomes an intellectual property which is an asset that can be sold, franchised or contracted for commercial purposes.

DOCUMENTS REQUIRED

  1. IDENTITY PROOF: The identity proof of the owner of the authorized agent applying for registration must be submitted which can be Driver’s license, voters ID, Aadhaar card, ration card or passport.
  2. FORM 1: Form 1 of The Designs Act 2000 must be submitted which includes name, address and citizenship details of the applicant and the title of the product intended to be registered.
  3. REPRESENTATION: The representation of the product showing different views of the design has been submitted in drawings or photograph form ( in quadruplicate on A4 size paper).
  4. PRIORITY DETAILS: In case the design claims priority in terms of being registered in another country then such documents validating the priority has to be produced.

Registration Process

PROCEDURE FOR DESIGN REGISTRATION

  1. DRAFTING OF APPLICATION: Advisably with the assistance of a professional an effectively drafted application including all the details and documents must be prepared.
  2. FILING OF APPLICATION: The drafted application has to be filed at the Office of Controller General of Patents, Designs, and Trademarks.
  3. AFFIDAVIT: In case the application is filed by the agent of the owner, then the affidavit authorizing the agent to apply has to be submitted.
  4.  EXAMINATION: The application will be examined by the Officials and in need of rectifications it shall be intimated to the applicant. And mostly within 6 months from the date of filing the application the office may accept or reject the application.
  5. PUBLICATION: Once the application is accepted then it will be notified in the official journal calling for objections. And if objections are raised hearing will be conducted.
  6. ISSUE CERTIFICATION: On being satisfied with the application and procedures the office will grant Certificate of Design Registration to the applicant.

APPEAL: In case of grievance the affected party can approach the Intellectual Property Appellate Board.

Click here to know more about "Patent Provisional Registration".

Package

Basic

7499 /-

    Package Includes:

    • Design Registration for one article for individual or proprietor
    • Free Expert Support

(All Inclusive)

Standard

9499 /-

    Package Includes:

    • Design Registration for one article for entity having  Startup or  MSME registration.
    • Free Expert Support

(All Inclusive)

Premium

12499 /-

    Package Includes:

    • Design Registration for One article
    • Free Expert Support

(All Inclusive)



FAQs

What is the registration of design ?

It is a process where the design of a product can be registered if it has a very new shape, configuration, pattern or ornament or composition of lines or colour or combination that will prevent its competitors from counterfeiting.

What is the difference between Registration of design and Registration of trademark ?

Under a Trademark registration the label, symbol, logo or tag line used by the owner in commercialising a product or group of products are registered whereas in a design the shape or configuration or colour combination of the product is being registered.

What is the validity of registration of Design ?

The registration stands valid for 10 years which can be extended to another 5 years.

Who can apply for registration of design ?

The owner of the product or his authorised agent can apply to register a design.

Where can I apply to register a design ?

You can apply to register a design with the Controller General of Patents, Designs and Trademarks.

What are the documents required for registration of design ?

ID proof, FORM 1 of The Designs Act 2000, Representation of the product and Priority documents has to be submitted before the CGPDT.



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