DESIGN REGISTRATION

In the modern world, most of the people select the products based on the design and the compatibility. Without the attractive design we can not achieve our top most business growth in this period. Do you know the story of Mahindra’s growth? After the Mahindra Scorpio’s design was reshaped. There was unexpected rapid growth in their Mahindra’s Scorpio sales in the market. This was achieved by altering the design. So the design plays an important role in every product. So for the protection of such design everyone needs to register their design under the design act for the protection of the intellectual property.

What is a design registration?

The primary legislation governing design registration and industrial design protection in India is the Designs Act, 2000 and the Design Rules, 2001. The Act provides the legal foundation for the registration and enforcement of Industrial designs. The Object of the Act is to ensure that the creators of profitable designs are protected against unlawful copying of their designs.

The Act seeks to protect the visual elements of an article rather than the functionality of the article (which would fall into the realm of Patent law). The design of the product is the most important aspect of any manufacturing process and the greatest success of your product depends largely on its design.

Under The Designs Act, 2000, a “design” refers specifically to the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional form. This definition covers designs created by industrial processes, whether manual, mechanical, or chemical, and is judged solely by the eye. However, it excludes modes or principles of construction, mechanical devices, trademarks, property marks, and artistic works. In essence, design protection is granted to the visual characteristics of a design, emphasising its aesthetic appeal.

In simple terms, design means the application of the following features to an article that appeals to and is judged solely by the ‘eye’.

Features of the shape
Shape
Pattern or ornament Lines/colours/combinations & Composition

Design registration is granted by the Designs Office under the Controller General of Patents, Designs and Trademarks.

What are the requirements for design protection?

Novelty and Non-obviousness: For a design to be eligible for protection in India, it must be novel and non-obvious. Novelty means that the design should not have been disclosed to the public anywhere in the world before the filing date of the application. Non-obviousness implies that the design should not be an obvious modification of existing designs or combinations.

Significant Distinctiveness: The design must exhibit significant distinctiveness compared to existing designs. It should possess unique characteristics that makes the design stand-out, ensuring that it does not resemble any designs that was previously established in the same category. This encourages designers to create distinctive and innovative designs.

Originality and Ornamental Aspect: Originality is a key requirement, emphasising that the design should originate from the designer and not be a commonplace design.

Exclusions: There are certain designs that are excluded from protection ensuring that the focus is mainly on the aesthetic and non-functional aspects of designs.

A design should not be primarily dictated by technical or functional aspects.
A design should not comprise or contain scandalous or obscene matter
A design should not be a mere mechanical contrivance
A design should be applied to an article and should appeal to the eye
A design should not be contrary to public order or morality.

What are the benefits of registering a design?

By registering your product design, you can distinguish your goods from those of your competitors and prevent others from infringing on them.

Registering a design, bestows upon the owner exclusive rights to make, use, sell, and distribute the registered design. This exclusivity acts as a powerful tool by preventing others from unauthorised use or imitation.

Registered designs often carry higher market value, as they carry uniqueness and originality in terms of competition. Design registration acts as a deterrent against unfair competition.

Registering a design provides a legal basis for taking action against those who attempt to replicate or imitate a registered design, ensuring that creators are not unfairly disadvantaged in the marketplace. This protection is crucial in terms of businesses.

Registered design rights can be licensed or transferred, providing creators with additional revenue streams. This also enhances the commercial viability of products which contributes to increased consumer trust and loyalty which is the foundation for a successful business.

Duration of Protection: Registration is granted for an initial period of ten years, extendable for another five years, as stated under Section 11 of the Designs Act, 2000.

In summary, design registration in India is not merely a legal formality but a strategic step that significantly impacts the commercial success of designs. It not only safeguards the interests of designers but also contributes to the overall growth and vibrancy of the design ecosystem by encouraging investment, fostering innovation, and ensuring fair competition in the marketplace.

Who can apply for registration of a Design?

Any person or the legal representative or the assignee can apply separately or jointly for the registration of a design. The term “person” includes firm, partnership, small entity, and a body corporate. An application may also be filed through an agent in which case a power of attorney is required to be filed.

Documents required for design registration :

ID proof of the applicant
Address proof of the applicant
Form 1 according to Annex II of the Design Rules.
The representation must be drawn up in accordance with Rules 12, 13, and 14.
Original Priority document under Rule 15
Power of Attorney – Form 21
Form 24 and MSME certificate
360-degree photograph of the product
Affidavit

Check List of documents for filing of New Design Applications (Online and Offline):

https://ipindia.gov.in/writereaddata/Portal/Images/pdf/Check_list_for_DESIGN_APPLICATION.pdf

What are the categories of design applications for registration?

1. Ordinary Application:

An ordinary application is filed without asserting any priority based on a previous application in another country.
It does not benefit from any priority claim, and the filing date in India is considered as the starting point for protection.
No time limit or specific deadline is associated with the filing of an ordinary application.

2. Reciprocity Application:

A reciprocity application asserts priority over a design application that was previously submitted in a convention country.
Within six months of the date the application was filed in the convention nation, the reciprocity application must be filed in India to claim priority.
The six-month timeframe for filing under reciprocity cannot be extended, and it is crucial to adhere to this deadline for the priority claim.

In summary, while an ordinary application is filed independently without relying on a prior application, a reciprocity application allows the applicant to claim priority based on a design application filed in a convention country within a specific six-month period.

The date of registration except in case of priority is the actual date of filing of the application. In case of registration of design with priority, the date of registration is the date of making an application in the reciprocal country.

What is the process for registering a design?

Eligibility:
Ensure that your design is eligible for registration. It should be new or original, not previously disclosed or published, and not be contrary to public order or morality.

Classification:
Identify the appropriate class under the Locarno Classification system in which your design falls. The Locarno Classification is an international system used for the classification of industrial designs.

Search:
A prior art search is required for all IP registrations, including design registrations, as no infringement, copying or reproduction can be registered.

Application:
Fill the Form 1, Form 21, and Form 24 correctly and submit the required documents properly through the Intellectual Property Portal.

Verification:
Once you have submitted the details and documents without any errors, the relevant examiner will review your product design. If the examiner is satisfied, you will be approved, otherwise, you will face an objection.

Publication:
Once your design has been approved by the examiner in charge, it moves to the next stage, which is published in a journal. During the publication period, your design may be challenged by the public or by a competitor.

Certification:
If there are no oppositions or if the objections are overcome, a registration certificate is issued by post to the registered address.

What can be protected by registering a design?

The shape of the product design
Appearance Layout of the product
Sample of the product design
The ornamental design of the jewellery
The colour composition of the product

How long is a design registration valid ?

The total period of validity of a registered design is 15 years from the date of filing the application. The registration is valid for an initial period of 10 years and may be renewed for a further period of 5 years.

Designs that cannot be registered :

Apparel/labels
Buildings and structures
Part of an article
Flags and symbols
Layout design
The shape of an existing design.

Can the Registration of a Design be cancelled ?

The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with prescribed fee to the Controller of Designs on the following grounds:

That the design has been previously registered in India or
That it has been published in India or elsewhere prior to date of registration or
The design is not new or original or
Design is not registrable or
It is not a design under Clause (d) of Section 2.

Have Any Questions?

Visit Us Daily

Gallery

Contact

DESIGN REGISTRATION