Description
Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years. The present article briefs the Design Registration procedure in India
OVERVIEW
As per Design Act 2000, Design is a type of intellectual property protection, means the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye. However, it does not include any method or principles used to create the design. The design registration is granted for a period of 10 years that can be further extended for a period of 5 years.
It is advised for the applicants to get the design registered to protect its uniqueness and originality. So, we will help you in getting your designs registered with the Indian Design Office.
REQUIREMENT FOR REGISTRATION
Requirements for Design Registration
- It should be novel and original;
- It should be applicable to a functional article;
- It should be visible on a finished article;
- It should be non-obvious; and
- Should not be conflicting with public order or morals or integrity
- Not be prejudicial to the security of India
- Design cannot include a trademark, property mark, or any artistic rights as defined under the Copyright Act, 1957.
- There should be no prior publication or disclosure of the design.
REQUIRED DOCUMENTS
Step 1: Application Preparation: After getting the required information & documents, we will prepare your registration application in 2-3 working days.
Step 2: Filing with the Design Office: We will file your design application along with the supporting documents then you will receive a design number and a copy of your application which will take 2-3 working days.
Step 3: Processing: Your application will be then be processed & examined by the Design Office.
FAQs
1. What is a Design?
A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.
2. Who can apply for a design registration?
The proprietor of a design, assignee in the case of an NRI, his agent or legal representative.
3. Is it possible to transfer the ownership of design registration?
Yes, the ownership of design registration can be transferred by an assignment, a license agreement, or transmission.
4. Which Form is to be filed for transferring the ownership of design registration?
For transferring the ownership rights of a design registration an application is to be made to the controller of Patents and Design in Form 10.
5. What are characteristics that can help you in obtaining design registration quicker?
A design must include these qualities to obtain a design registration It should original and unique. The design should not be controversial or should offend the public order. It should not be published anywhere earlier Lastly; the design is applicable to the physical characteristics and does not include the procedural or mechanical elements.