Design Registration

Design registration is a form of intellectual property protection that safeguards the distinctive features, such as shape, colours, lines, patterns, or configurations, of your article. To qualify for design registration, the design must be original, new, and essential to the features of an article. Governed by the Designs Act of 2000, the registration is valid for a period of 60 years from the date of registration. Solubilis offers comprehensive services for registering design rights, catering to clients both within India and abroad, facilitating the registration of their design rights filed in other countries through the Conventional Treaty method.

Importance of online Design registration in India:

  • Design registration enhances the commercial value of a product and simultaneously expands its market reach.
  • Protecting a design grants the author the right to challenge any entity or individual that reproduces or imitates the design, ensuring its authenticity and exclusivity to the owner.
  • It safeguards the visual attributes of registered products and packaging, providing ample coverage for companies reliant on copyright.
  • In the event of a dispute, design registration serves as a viable option to substantiate the validity of specific rights.
  • When a designer introduces something unique or creative, it imparts a distinctive character to the design, enabling new products to carve out a niche in the market among existing offerings.

Photographs:

  • Photographs for design registration in India must encompass multiple perspectives, revealing the appearance from various angles such as front, rear, right and left sides, top, and bottom.

    • If the applicant is individual

  • Pan Card
  • Aadhaar Card

    • If the applicant is company

  • Registration Certificate

Step 1: Documentation and Preparation

  • Initiate the process by submitting a detailed description of the work, including colour, additional features, and a Form-21 Power of Attorney.

Step 2: Drafting the Application

  • Translate the visual appearance of the three-dimensional design, whether it's an article, material, equipment, or auto parts, into a written specification. This requires expertise. The application is filed after drafting the design specification.

Step 3: Filing the Application

  • Submit the application online, with each page of the design specification attested by the attorney. After successful submission, pay the filing fees and receive an acknowledgment.

Step 4: Examination and Reports

  • Address and resolve any objections raised by the design department. If the department is satisfied, a certificate of design registration is issued.

Step 5: Certificate issuance

  • After addressing objections, if any, and satisfying the design department, a certificate of registration is issued, valid for 10 years.

FAQ'S


Industrial Designs, or Designs for short, confer exclusive rights for the aesthetic appearance and shape of a product. These rights apply to products that can be independently produced or form part of an assembled product.

In India, the Designs wing of the Patent Office, situated in the Kolkata Patent Office, issues Design registrations.

In India, for obtaining Design Registration, the object or product must be new and not previously published at the time of application.

Yes! A design registration held by an individual, SME, or corporate entity can be assigned, transferred, or licensed to a third party. The specifics of such transactions need to be officially registered with the Designs Wing of the Patent Office in Kolkata.

Design registration applications utilize the Locarno Classification of Designs. This classification system categorizes objects into groups and subgroups based on various product types, providing a clear indication of the specific category an object falls under when seeking design registration.

After applying for design registration, the product undergoes scrutiny by the Patent Office, Designs Wing, Kolkata. A First Examination Report (FER) is issued, and a response must be submitted within 6 months. Once all requirements are met, the application progresses toward grant, typically taking about 1 year for design registration approval.

If someone violates the copyright rights of a design, they are liable for an offense and must pay a sum not exceeding Rs. 25,000 to the registered proprietor. A maximum amount of Rs. 50,000 for contractual debt should be paid for a single design. The registered proprietor can initiate an agreement to recover damages and address the repetition as mentioned earlier. The total recovery should not exceed Rs. 50,000 as a contractual debt, as stated in Section 22(2)(a). Any legal proceedings for such violations, damage recovery, etc., should not be filed below the level of the District Judge's court.

Once granted, a Design registration is valid for 10 years and can be extended for an additional 5 years.

Yes. Upon registering a design for an object, one can apply for and obtain copyrights for the same design.

Yes. After submitting a Design Application in India, one can file the same design application through the Conventional system within 11 months, claiming priority based on the initial Indian filing.

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