Advantages

• Establishes a public record
• Right to sue infringers in court
• Creation of Goodwill
• Legal Protection to Work
• Marketing

Eligible Category

• New and original
• Not opposed to public order
• Appealable to eye

Introduction

Design registration is a type of intellectual property right governed by the Design Act, 2000, which helps to protect any newly created shape, configuration, patterns, and composition of lines or colors applied to an article created under an industrial process from counterfeiting.

However, to get a design registered, it must fulfill some conditions. These conditions are as follows:

• It must be newly invented and original in nature.
• The design should relate to features, configuration, shape, pattern, or ornament applied to an article.
• The design applied to any article must be by an industrial process.
• The design must appear on the final product and must be visible.
• It should not deal with anything covered under trademark, copyright, or patent registration.

Eligibility Norms for Design Registration

• It should be new and original.
• It should be close to or near any other existing design or a combination of known designs.
• It should not be a mere mechanical contrivance.
• It must not be in opposition to public order.

One must unfailingly meet these eligibility norms.

Who Can Apply for Design Registration?

Any person stating to be the owner or proprietor of a new and original design, which is not previously published anywhere and is also not contrary to public morality, can apply for registration.

Additionally, an agent or design registration consultant may also apply on behalf of the owner.

Documents and Details Required for Design Registration

1. Name of the Applicant along with their full address.
2. Certified True Copy of the Power of Attorney (if any) given to the Agent, duly signed by the proprietor, partner, or one of the Directors of the Company.
3. Affidavits in paragraph form containing a declaration of its truthfulness and verifiability.
4. Documentary proof of priority if any previous registration or application for registration was made.

Information Required

• Applicant’s Name, Address, and nationality. If the applicant is not a natural person, documentary proof stating legal status and place of incorporation.
• Name of the article to which the design is to be applied.
• A short & precise statement of the novelty claimed in the design.
• Class or category of the article representing the design.
• Applicant's or applicants’ details (name, age, address, nationality), specifying whether they are partners in a firm or Directors of a company.
• Name, address, designation, and nationality of the person who signs the General Power of Attorney.

Process for Registration of Design

1. Application

Submit an application specifying the details such as:

• Name & address
• Applicant’s information (individual or company)
• Description of the article & its type
• Claim of novelty
• Enclosure of images or drawings of the article in the application form.

2. Acceptance of Application & Registration

• The application, duly filled in the prescribed form, must be signed either by the applicant or by their authorized agent along with the requisite documents.
• The Design Office examines the application and raises objections, if any.
• If objections arise, they must be resolved to the satisfaction of the Department.
• Upon successful clearance, the Design Office issues a Certificate granting copyright in the registered design.

3. Publication & Validity

• Once registered, the design is notified in the official journal.
• The registered design is valid for 10 years, extendable by another 5 years upon submission of an extension application and payment of the prescribed amount.

A Design Registration Consultant tracks and takes all necessary steps at every stage of the design registration process until the design gets successfully registered and upholds the ethical standard of your creativity.

Legal Rights After Registration

Design registration makes a design an intellectual property and intangible asset for a period of ten years, extendable for another five years through design renewal. It also provides the owner with an exclusive right to use, sell, franchise, or contract the design.

After registration, the owner receives specific legal rights to take action against those who breach the design rights.