To assure the shape, highlights, examples, or embellishments, design registration is done. Under design registration, intellectual property is frequently protected. The registered design may include two-dimensional highlights that incorporate patterns or adornments, or it may include three-dimensional highlights such as the shape or arrangement of an article. The terms “pattern” and “ornament” refer to things that are embossed, engraved, or applied to an item to glamorize it. Shape, setup, example, decoration, the composition of lines, shading, and mix used in an article are all registered under the Design Act of 2000. The following prerequisites must be met for a design to be registered.
The owner and producer of a design have several rights after registration. The registration grants the creator the right to use the design for ten years; an extra five years may be added to the time limit. The owner may seek legal assistance under the design Act if there should be an instance of any infringement.
Purpose of design registration
The main goal of registering a design is to grant the owner or inventor of the design the only right to exploit it and utilize it for profit. The Registrar takes into account a number of factors before approving an application for registration, therefore just filling one out does not guarantee Design Registration. Therefore, it is advised to contact a specialist when submitting a registration application because they will ensure that the application is prepared correctly.
A product’s new and inventive features can be recognized by its distinctive shape, formation, patterns, beautification, and mix of colors when they are applied. This is what is meant by the term “unique industrial design.” An amazing design catches the eye right away when it is finished. It has a very favorable impact on the market’s customers. A business entity needs a design registration for a number of reasons, some of which are listed below:
- To obtain an effective and strategically placed legal shield to protect original creations in India from being copied or misappropriated.
- To foster and grow individuality and creativity.
- All businesses with headquarters in WTO Member countries that have ratified the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement are required to comply.
Advantages of design registration
Here are some plain advantages of registering a design under the Design Act 2000.
Legal Protection against Copying of Designs
By registering their designs, companies can prevent others from copying, reproducing, selling, or distributing goods with the same design as their own.
A certificate of design registration is good for ten years. After this time period has passed, the validity may be renewed for an additional maximum of five years.
Gives a Differentiating Advantage
The design registration unquestionably gives a business owner a differentiator. This means that with a registered design, a business entity’s products acquire a distinctive character and appearance from those of its competitors.
The goods with registered designs are wholly original, which indicates that neither they have ever been utilized in India nor have they been previously published in any WTO member country.
Obtains Client Reaction
Another significant advantage of registering a design is that it only appeals to the general public and is only evaluated visually.
Since originality is one of the main requirements for registering a design, the product must be enticing and distinctive enough from competitors in order to encourage innovation and healthy competition.
Design Registration Eligibility Standards
The following requirements must be met in order for a design to be registered and protected under the Design Act of 2000:
- There should be no creative works, trademarks, or property marks included in the Design.
- The characteristics that are denoted through patterns, decorations, shapes, configurations, and compositions that apply to an article are the fundamentals of design;
- The design must be original, distinct, and have never been published in any country prior to the date of the design registration application;
- The designs are not just pleasing to the sight. The creation and application processes are absolutely unimportant
- Your designs should be significantly distinct from those that have already been registered. Similar designs, even if they are somewhat different, are not eligible for registration.
Documents needed to submit an application for design registration
- Form 1 in the format required (as in Schedule-II of the Designs Rules)
- The Designs Rules’ Rules 12, 13, and 14 should be followed while preparing representations, and they should be submitted in duplicate.
- Original Form 21 (Power of Authority/General Power of Authority) if submitted by a patent agent or attorney (as in Schedule II)
- When filing a copy of a general power of authority (GPA), the applicant must include the design application number that was used to file the original GPA.
- Form 24 in the appropriate format (if a claim of small entity status is made) (as in Schedule II)
- Form 24 in the appropriate format (if a claim of small entity status is made) (as in Schedule II)
- In the case of Indian businesses, it must be accompanied by documentation of registration under the MSME Act, 2006.
- In the case of foreign entities, this must be supported by an affidavit sworn by the applicant or an authorized signatory in accordance with Rule 42 of the Designs Rules.
- Original Priority document as per The Designs Rules’ Rule 15.
- English translation of the Priority document that has been authenticated (if the original priority document is other than English)
- Attribution in the original (if the applicant of priority application in the convention country is different from the Indian applicant).
What is the registration process for designs?
For any business, completing the design is the first step toward product achievement. Making strategies that appear in the marketplace and grab the attention of the consumer requires a significant amount of resources and time. In order to prevent third parties from stealing their valuable ideas, organizations may desire to obtain these plan rights.
The Office of the Controller General of Patents, Trademarks, and Designs is the administrative division in charge of registering mechanical plans. The Designs Act, of 2000 governs modern plans’ registration and protection in India.
The term “Design” has a legal definition that refers to the highlights—such as a pattern, color, shape, configuration, or combination of colors—that are mechanically applied to any product or article and make it appealing to the eye when it is finished. No development rule, trademark, property, or creative mark is eliminated. Prior to the date of the registration application, the structure must be brand-new or original and cannot have been supplied in any other nation.
The procedure for registering a design is as follows:
Verify Any Previous Registration
The first step is to see if you have previously registered your design. You must submit an application to the Office of the Patent for that. You should register your designs as soon as you can because the system operates according to the first-to-file principle.
After that, you must submit an application for registration with the required information, including your complete name, address, and whether you are an individual or an entity. You must also include specifics about the article and its class.
Review and Acceptance
The Patent Office will examine your application when you have completed and submitted it. If everything is in order, it is registered and accepted, and then the applicant or owner is given the Registration Certificate. The article and other bibliographic data are distributed in the Patent Journal Office after the intended recording. If there are issues, it can take a year to finish the thought.
Once your Design has been fully registered, it creates an entry in the Registrar, which is a record kept by the Patent Office. It includes the design number, class number, and date of filing, owner’s name, and address.
A Design Registration may be valid for up to ten years, and it may also be renewed for an additional five years.
The provisions for the privilege of need are applicable because India is one of the signatories to the Paris Convention. In this situation, you are permitted to submit a second application in a different nation for a similar trademark that was in use as of the initial application’s filing date.
The owner of a registered design has the authority to take legal action to prevent abuse and to make a damage claim in the event of any design infringement or violation. Any damage the lawbreaker causes must be paid for with a fine of Rs. 25,000.
Penalty for Copying a Registered Design
When someone disputes the copyright of a design, they may be required to pay the registered owner Rs. 25,000 for each offense, up to a maximum of Rs. 50,000 recoverable as an agreement obligation for one plan. The registered owner may file a lawsuit to recover damages for any such negation and order that results in the dismissal of the equivalent. According to Section 22(2), the total amount receivable as agreement duty would not be greater than Rs. 50,000. (a). Any court within the jurisdiction of the District Judge must not record the lawsuit for infringement, recovery of harm, or other claims.
Registration of a design is valid
The 10-year validity of design registration may be extended for an additional 5-year period by paying the required fees. If the extension is not finished in time, the design will expire, but it can be revived as follows:
Only in the event that the extension fees were not paid, the application for restoration must be submitted via Form 4 within one year of the date the design became void. The required extension fees must be paid when the restoration application has been granted.
Design registration cancellation
According to Section 10 of the Design Act of 2000, registration may be revoked in the following circumstances:
- If similar designs already exist, the design is not unique.
- In India, the design has already been registered.
- The design has already been published in another country prior to the date of registration
- And does not adhere to the requirements of a design as stated in the Design Act.
Our phoenixtax – tax consultant in Tamabram, chennai will be able to help you navigate a complicated technical process, relieving you of a substantial strain and guaranteeing the viability of your concept. We are renowned for guaranteeing quick filings and doing the entire design registration process online.