DESIGN REGISTRATION

DESIGN REGISTRATION

The registration which provides the protection to any shape, features, patterns or ornaments is called design registration.


The Design Act, 2000 governs the provisions related to the design registration. The registration provides exclusive right to its owner or the creator. The registration can be used for a period of 10 years. This time period can be extended for five more years.
 

If any person uses the design or the creation of the owner without their permission, the owner/creator has the right to seek legal action against that person as per the Design Act, 2000. 
 

Types of the designs

The design can be of three-dimensional features which covers the shape or configuration of an article or it can be two dimensional features which consist of patterns or ornaments. Things such as shape, configuration, ornament, pattern or composition of lines or colour or combination used in an article should be registered under the design act, 2000.
 

Pre-requisites for design registration

  • It must be unique and fresh. 
  • The design must relate to the key features of shape, configuration, pattern or ornament as applied to an article. 
  • It must have the capacity of being an industrial process.
  • The design must have a clear visibility
     

Benefits of design registration

  • A good design is capable of increasing the brand visibility by making it attractive. This in turn increases the commercial significance of the product concerned.  
     
  • Design registration ensures the authenticity and exclusivity of the product. In case of any act of copying or imitation of the design, the owner can challenge or sue the person involved in the act of imitation of the design.
     
  • A lot of thought process goes in before finalizing the design of the product. The creator adds or modifies every fine details which adds to the product uniqueness and its subsequent marketability. 
     
  • Design registration is regarded as a perfect tool to protect the visual characteristics of a product and in case of any conflict it helps to contest and proof the validity of the copyright.
     

Documents required for design registration 

  • The original copy of the disclaimer or the extract copies from disclaimer. The disclaimer must be certified. 
  • Copy of affidavits 
  • Copy of declaration 
  • ID proof of the applicant 
  • Address proof of the applicant 
     

NOTE:

(A) Other documents will be required as per the necessity

(B) The controller decides the cost of registration process as per the act.
 


 

Who are eligible to apply for design registration 

The following are eligible to apply for design registration process: 

  • the author or creator of design 
  • any person who has acquired the design 
  • those persons for whom the design has been developed by the creator 
  • any person for whom the design has been developed.
     

Procedure for design registration 

The procedure for design registration is as follows:

To check the availability of the design - At first the applicant needs to check whether the design has been previously registered or not to find out about the same applicant has to file a form number six along with the requisite fees.

To prepare the presentation of the design- In the next step the applicant needs to be very careful in explaining the design. It has to be the exact presentation of the article on which the design has been applied. In the re-presentation the design’s innovative feature and the disclaimer to remove any confusion must be mentioned.

To identify the class of the design- The applicant has to select the class of the design in which the design falls. Out of the total 32 classes, the applicant has to select the class of his design depending on the area of work.

To file the application form- Applicant has to file an application form for design registration. The application has to be filed in form I along with the relevant documents, representation sheet and the power of attorney ( in case any patent agent what legal practitioner far is the application).

To comply with objection or any query raised by the authority- In case the department raises any objection then the applicant has to provide the clarification within three months from the date of objection raised. If the applicant fails to do so then the application will be abandoned or cancelled.

To obtain the registration certificate- The design application will be published in the patent office journal within one month from the submission of application. The same will be open for next three months for any public comments. If no comments received, the controller will issue a certificate of registration to the owner of the design.
 

Important: In the design registration process the “First to file” rule is applicable.
 

Prescribed Fee for design registration

  • For Indian nationals  the prescribed fee is Rs 1000/-
  • For others  (Non-Indian individuals)  the prescribed fee is Rs 4000/-
     

Validity and renewal

The design registration is valid up to 10 years and the same can be renewed for a further time period of five years. The renewal application must be made before the expiry of 10 years which is the period of validity for the design registration.
 

Penalty

If any person tries to damage or infringe the original design, then he/she will be liable for a penalty of Rs 25,000-50,000.
 

Frequently Asked Questions (FAQ’s)

What is Design Registration?

The registration which provides the protection to any shape, features, patterns or ornaments is called design registration. The Design Act, 2000 governs the provisions related to the design registration. The registration provides exclusive right to its owner or the creator. The registration can be used for a period of 10 years.

This time period can be extended for five more years. If any person uses the design or the creation of the owner without their permission, the owner/creator has the right to seek legal action against that person as per the design act, 2000. 
 

Under which Act, design registration is governed?

The Design Act, 2000 governs the provisions related to the design registration.
 

Who are eligible to apply for the design registration?

The following are eligible to apply for design registration process: 

  • the author or creator of design 
  • any person who has acquired the design 
  • those persons for whom the design has been developed by the creator 
  • any person for whom the design has been developed.
     
What are the benefits of design registration?

The benefits of design registration is as follows: 

  • A good design is capable of increasing the brand visibility by making it attractive. This in turn increases the commercial significance of the product concerned.  
     
  • Design registration ensures the authenticity and exclusivity of the product. In case of any act of copying or imitation of the design, the owner can challenge or sue the person involved in the act of imitation of the design.
     
  • A lot of thought process goes in before finalizing the design of the product. The creator adds or modifies every fine details which adds to the product uniqueness and its subsequent marketability. 
     
  • Design registration is regarded as a perfect tool to protect the visual characteristics of a product and in case of any conflict it helps to contest and proof the validity of the copyright.
     
What is the validity period of design registration?

The design registration is initially valid up to 10 years.
 

Can the validity period of design registration be extended?

Yes, the validity period of design registration can be extended.
 

When should the applicant file the renewal application?

The renewal application must be made before the expiry of 10 years which is the period of validity for the design registration.
 

What are the pre-requisites for design registration?

The Pre-requisites for design registration is as follows:

  • It must be unique and fresh. 
  • The design must relate to the key features of shape, configuration, pattern or ornament as applied to an article or thing. 
  • It must have the capacity of being an industrial process.
  • The design must have a clear visibility
     

What are the mandatory documents for design registration?

The mandatory documents required for design registration:

  • The original copy of the disclaimer or the extract copies from disclaimer. The disclaimer must be certified. 
  • Copy of affidavits 
  • Copy of declaration 
  • ID proof of the applicant 
  • Address proof of the applicant 
     

NOTE: Other documents will be required as per the necessity
 

For how many years the validity of design registration can be extended?

The validity of design registration can be extended for a further time period of five years
 

Conclusion

The design registration creates a brand value and goodwill in the market. So the ones who create a unique or a new design must obtain the design registration in order to enhance their brand value, marketability and also to avoid any complication related to the infringing or copying of the original design by someone else.
 

Edited by Minu Mishra