Design Registration in India: Benefits, Documents, and Process

Understanding Design Registration

Numerous industrial designs might be safeguarded and registered in India with the aid of the design registration procedure. All aspects of the Design Registration process are governed by the Designs Act, 2000 and the accompanying Designs Rules, 2001. To safeguard an innovative or creative design that was created and is to be associated with a specific article in a manufacturing operation utilizing an industrial procedure or method, one must file for a Design Registration under the Designs Act which is done to secure the safety of the article.

Package Inclusion

• Expert Advisory
• Process Consultation
• Comprehensive Documentation
• Post Registration Compliances
• Registration Compliances followup
• Application filing
• Certificate Procurement

How to Categorize a design?

A good’s combination of colors or lines is called its design. The Designs Act of 2000 and the Design Rules of 2001 govern the registration of designs in India. The term “design” describes the distinctive elements that are added to an object, such as lines, colors, or a mix of them, as well as shapes, figures, or blueprints. It may have two dimensions, three dimensions, or both. There are various methods of designing, including mechanical, mechanized, chemical, and all-inclusive approaches. It is what draws the reader’s attention to the article and allows it to be recognized on its own. 

The visual appeal of a design is protected by the Design Act, although structural elements, mechanical components, and cultural works are not. According to the categorization scheme in the third schedule of the Design Act, only one kind of article may be registered for a design which is valid ten years from the registration date. Upon request, an extension to five years is possible. 

Why do you need Design Registration?

Design Registration offers a wide range of benefits which promotes its need in today’s competitive market. Few of such benefits are as follows:

• Remedies against infringement: The owner of a design may file a lawsuit against any copycat once the design has been formally registered. This ensures that the design’s owner may maintain their market share by maintaining control over their industrial design or product.
• Legal Protection: The legal protection against plagiarism that design registration offers is among its most significant benefits. This procedure stops other companies from manufacturing, marketing, shipping, or replicating their goods with an identical or nearly identical design.
• Extended Validity: A design registration certificate can be renewed or extended for an additional five years after its initial ten-year expiration date..
• Enhanced Commercial Worth: A product’s commercial value and marketability are increased when its design is registered with a patent authority. This is because, in the perspective of potential buyers, a product with the owner’s design has a higher product placement.
• Fair Competition: In general, a competitive spirit among market participants is created when a significant number of innovators register their concepts. This encourages R&D, which leads to more innovation and advantages that are shared by customers and enterprises.
• Encourage Customer Reaction: One further significant benefit of design registration is that it is solely based on customer appeal and is evaluated mostly through visual inspection.

Essentials of Design Registration

In order for a design to be eligible for registration and protection under the Design Act of 2000, certain prerequisites must be met:

• A design ought to be fresh and original. This indicates that prior to the date of the registration application, it should not have been used or publicized in any other country.
• A design ought to be distinctly different from existing designs or from a combination of existing designs.
• Sensational or offensive content should not be included in or contained in a design.
• A design shouldn’t be limited to a mechanical device.
• An item should have a design that is applied to it and visually appealing. It should also not violate morality or public order.

Documents you would need for Design Registration

In order to obtain design registration, the aforementioned documents must be submitted:

• A certified copy of the original document or certified copies of the disclaimer’s excerpts
• Affirmations Testimonies
• For a price, additional public papers may be made available.
• An affirmation of truth and verifiability should be included in the paragraph-formatted affidavit. 
• In accordance with the fourth schedule, the controller may restrict the cost associated with design registration.
• Four copies of the design are possible.
• Images, sketches, or tracings of your design must be submitted.
• The owners/managing partners must validate a non-judicial stamp paper worth Rs. 200 in order for it to be registered (form-21 for advocates and agents; if not, a general power of attorney should be made).

Check if you can opt for Design Registration

To be eligible for Design Registration, you must fall within one of the following categories:

• Any individual, legal representation, or assignee may submit a separate or joint registration application.
• A firm, partnership, minor entity, and body corporate are all included in the definition of “person.”
• An NRI must apply for Design Registration through his agent or legal representative.

Process for Design Registration

You may follow the given step by step process for Design Registration:

Step 1: Application

An Examiner of Designs reviews whether the application and supporting materials satisfy the formal requirements after receiving a request for registration from a Controller of Designs. The Designs Act of 2000 and the Designs Rules of 2001 must be followed if such a design is applied to a product and is registered.

Step 2: Formality Check

The Examiner determines whether the application must follow the prescribed format; the fee is paid; the applicant’s information is listed (name, address, nationality); the application includes the address for the service and ownership declaration; the representation sheet complies with Rule 14; and the power of authority is filed.

Step 3: Substantive Examination

A substantive examination is conducted to see whether the design is correct. This examination verifies the design’s eligibility within the definition of the act, its freshness, its potential to disrupt public order or morals, among other factors.

Step 4: Objection statement

The Examiner’s report regarding a design’s suitability for registration in relation to an article will be taken into consideration by the Controller. If the latter is qualified, registration needs to be completed right away. The registration certificate will be sent to the applicant as soon as feasible.

Step 5: Opposition statement

Upon reviewing the report, if the Controller finds issues with the applicant’s submission, they will issue a statement of objection. Failure to address objections or request a hearing within three months will result in application withdrawal. Complaints must be resolved within six months of filing, extendable by three months with Form-18. 

Step 6: Design Publication

The application is typically circulated in the Patent Office Journal within a month of registration. Both the registration number and the application number are the same. For a typical application, the registration date usually coincides with the filing date.

Step 7: Register of Designs

The Kolkata Patent Office’s Register of Designs contains all recorded designs. The register can be inspected by the public. The IPI site offers access to an e-register.

Why Choose StartupsFiling for the registration process?

StartupsFiling has been one stop solution for Design registration services for the varied ranges of benefits such as:

• Pool of Experts: StartupsFiling holds a large pool of Experts from all over the world specializing in Design Registration services.  Our team of experts makes sure that your work is taken care of in the most effective manner possible.
• Cost-effective: StartupsFiling Design Registration services are of premium quality at the most efficient rate, which suits the client’s pocket, making sure that quality service is not the only thing the client gains on our platform.
• Client-oriented approach: Our team of experts is well trained and equipped with a client-oriented approach, keeping in mind that the process must be client-centric, focusing on meeting all the requirements of their business and, therefore, satisfying their needs.
• Process Alteration: For the fact that we focus on a Client-centric approach, we keep our process structurization open for the client to alter it as per their need, requirements, and vision.  For us, obtaining the best results is the focus, along with the Client satisfaction.
• Trusted partner of 10000+ Clients: StartupsFiling has earned the trust of more than 10000+ clients who have availed our Design registration services.  Their trust in us from a term in continuity is proof of our services backed by quality and assurance.