DESIGN REGISTRATION
| Basic | Advance |
|---|---|
| ✔ Design Application Filing | ✔ Design Application Filing |
| ✔ Objection Reply | |
| ✔ Professional Consultancy |
Design Registration
Design Registration in India – Comprehensive Guide at Bharat eFiling Point
Design Registration in India is a vital process for protecting the unique visual appearance of a product. It safeguards the aesthetic aspects such as shape, pattern, configuration, or ornamentation applied to an article, which makes it appealing and distinct in the market. Unlike patents, design registration does not protect the functional features but focuses solely on the look and feel of the product.
At Bharat eFiling Point, we provide expert assistance to individuals and businesses in securing design registration, ensuring their creative designs are legally protected and exclusively owned.
What is Design Registration?
Design registration is the process of legally recording the visual design of an object with the Indian Patent Office under the Designs Act, 2000. This registration grants exclusive rights to the owner to use and exploit the design for commercial purposes for a specific period.
Key Points of Design Registration in India:
-
Eligibility: Any new or original design which is not previously published or used in India or abroad can be registered.
-
Scope of Protection: Protects only the aesthetic and ornamental aspects of a product and not the technical or functional features.
-
Duration: The initial registration period is 10 years, which can be extended by 5 years upon renewal.
-
Types of Designs: Includes patterns, shapes, colors, lines, or any combination that imparts a unique appearance.
-
Exclusions: Designs contrary to public order or morality, or those purely dictated by technical function, cannot be registered.
Benefits of Design Registration:
-
Exclusive Rights: Registration grants the exclusive right to use the design, preventing others from copying or imitating it.
-
Competitive Advantage: Protects the brand identity and product differentiation in the competitive marketplace.
-
Monetary Benefits: Registered designs can be licensed or sold, providing potential revenue streams.
-
Legal Enforcement: Helps in initiating legal action against infringement, safeguarding your investment.
-
Business Growth: Enhances brand reputation and encourages innovation by protecting creative efforts.
-
Market Expansion: Registered designs are recognized internationally under various treaties, facilitating global protection.
Process of Design Registration at Bharat eFiling Point:
-
Design Search: Conduct a preliminary search to ensure the design is unique and not previously registered.
-
Application Filing: Preparation and submission of the design application to the Indian Patent Office.
-
Examination: The patent office examines the design for novelty and compliance with legal criteria.
-
Publication: After acceptance, the design is published in the official journal for opposition.
-
Registration: If no opposition arises, the design is registered and a certificate is issued.
-
Renewal: Renewal can be done to extend the protection beyond the initial period.
Why Choose Bharat eFiling Point for Design Registration?
At Bharat eFiling Point, we offer a seamless, transparent, and hassle-free process for design registration. Our expert team guides you through each step, ensuring timely filing, compliance, and protection of your design rights. We also provide post-registration support including renewals and enforcement strategies to maximize the benefits of your intellectual property.
Trademark vs Patent vs Copyright
| FEATURES | TRADEMARK | PATENT | COPYRIGHT |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required for Design Registration in India
To register a design in India, the following documents are required:
- Application Form: The applicant must fill out the prescribed application form (Form 1) and submit it along with the prescribed fees.
- Representation of the Article: The design must be clearly represented on durable paper, such as A4-sized paper, with a suitable margin. This can include drawings, photographs, tracings, or other representations, including computer graphics, that show the features of the design from different views.
- Statement of Novelty and Disclaimer: The applicant must provide a statement of novelty and disclaimer on each representation sheet, which should be duly signed and dated.
- Power of Attorney: If an agent is appointed to file the application, a power of attorney signed by the applicant or their authorized representative is required.
- Priority Documents (if applicable): In case of a convention application, priority documents must be submitted to claim priority from an earlier application in a convention country.
- Identity Proof: The applicant must provide proof of identity, such as a PAN card, Aadhaar card, or any other government-issued ID.
- Address Proof: The applicant must provide proof of address, such as utility bills or bank statements.
- No Objection Certificate (NOC): If the design has been published or used in any other country prior to the date of registration, an NOC from the owner of the design is required.
- Classification of the Design: The applicant must specify the class of the article to which the design is applied1.
- Details of the Person Signing the Power of Attorney: If a power of attorney is provided, the details of the person signing it must be provided.
These documents are essential for the registration of a design in India, ensuring that the design is unique, distinctive, and not contrary to public order or morality. The design registration process is governed by the Designs Act, 2000, and the design registration lasts for ten years from the date of registration, which can be extended for five years upon request.
Customer Reviews
At Bharat eFiling Point, we invest heavily in the administrations conveyed by us and assurance your fulfillment with our administrations & backing. We continually improve & endeavor to convey the best bookkeeping, monetary or secretarial administrations through the web.
“They are the epitome of excellence in the industry.”
Location: India.
Location: India.
Design Registration FAQ’s
What is design registration?
What law governs design registration in India?
How is a 'design' defined under the Designs Act, 2001?
What are the key requirements for design registration?
Can literary or artistic works be registered as designs?
Who can apply for design registration in India?
Design Registration in State
Other Bharat eFiling Point – Trademark Services
Why Design Registration in India Is Important
Design registration in India is important because it protects the unique visual appearance of your product, giving you exclusive rights to use and commercialize that design. Here are key reasons why design registration matters:
-
Legal Protection Against Copying
It safeguards your original design from unauthorized use, imitation, or infringement by others, allowing you to take legal action if needed. -
Exclusive Rights
Registration grants you exclusive rights to manufacture, sell, or license the design, preventing competitors from using it. -
Enhances Marketability
A registered design adds value to your product by distinguishing it in the market and attracting customers with a unique look. -
Encourages Innovation
It motivates designers and businesses to create original and creative designs, knowing their work is protected. -
Monetary Benefits
You can monetize your registered designs through licensing or sale, opening additional revenue opportunities. -
Long-Term Protection
In India, a registered design is protected for 10 years, extendable by 5 more years, ensuring sustained exclusivity. -
Supports Brand Identity
Unique designs strengthen brand recognition and reputation, helping your business grow.
