Design Registration

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Overview Advantages Registration Process Required documents FAQ's

Design Registration

As per Design Act, 2000, design means shape, pattern, ornament, the composition of lines, color, or any other aesthetic aspect of a product or article that can be seen and judged by the eyes. It does not refer to any method or principles used to create the design. The design can be either two or three dimensional. So, getting a design registered makes it the exclusive property of yours for 10 years that can be further extended for 5 years.

For getting a design registered, it must be new and original, it should relate to features of shape, configuration, pattern or ornament applied to an article, it must be applied to any article by an industrial process and the design must be visible and should appear on an article, Not be controversial, offending, obscene, or contradictory to public order, Not have been disclosed to the public or published anywhere.

Design registration is not mandatory but it is advised to get registered to protect its uniqueness and originality. So, our professionals will help you in getting your design registered.

Advantages of Design Registration

EXCLUSIVE USE By registering your design, you will get exclusive rights over the new and original design restricting another person without approval.
ASSET Like any other intellectual property, the design is an asset of the proprietor/owner which can be transferred or sold out by the owner.
LEGAL BENEFITS The owner can in case of infringement initiate a legal proceeding against third-party for infringing any rights of the owner.
EVIDENTIARY VALUE The registration certificate serves as a prima facie evidence in an infringement suit.

Design Registration Process

Documents required

1. Power of attorney

2. Four copies of the Design rendering (drawing /photograph/tracing), which is to be exactly similar to the design to be registered.

3. Details of the design, including, proof of first use and priority (if any).

Frequently Asked Questions

The proprietor of a design, assignee in the case of an NRI, his agent or legal representative.

Changes to the name, contact details and address of the proprietor of the design can be done by paying prescribed fees and by submitting certain supporting documents. The alteration cannot lead to the change in the design ownership through transfer, license or assignment.

The registration is possible since the Patents and Design Office would not have published the design in their design journal. However, the design should not have been published in any other public forum after the abandonment of the design application.

Ownership can be transferred through assignment, License Agreement & Transmission.

The design will lapse if the extension is not done in time, but can be restored by applying for restoration within one year from the date of the lapse of the design.

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