Explore all the details you need about Design Registration, tailored for your needs.
Design registration provides robust protection for your unique creations by classifying them as intellectual property and shielding them from imitation.
It grants creators exclusive rights to use their designs for a period of ten years, with the possibility of a five-year extension.
Solocorp simplifies the design registration process, ensuring your creations are safeguarded and your intellectual property rights are upheld.
Reach out to our experts today to experience a smooth and hassle-free design registration process.
Design registration and protection in India are governed by the Designs Act, 2000, which replaced the earlier 1911 Act.
The Designs Rules, introduced in 2001, have undergone amendments, including significant updates in 2008 and 2014.
One key change in the amended rules is the recognition of a new applicant category, 'small entities,' alongside individuals or natural persons.
These updates aim to enhance accessibility and ensure comprehensive protection under intellectual property laws.
As per Section 2(d) of the Designs Act 2001, a design is characterized as the distinctive features encompassing shape, pattern, configuration, composition, or ornamentation formed by lines or colors. This can be applied to any article, whether two-dimensional, three-dimensional, or a combination of both. The application can be achieved through various means, including industrial processes, whether mechanical, manual, or chemical, used separately or in combination. However, the defining factor of a design is its visual appeal when viewed in the final product, solely judged by the eye. It's essential to note that the design does not consider the underlying construction principle or anything that is essentially a mere mechanical contraption.
To register and safeguard a design under the Design Act, 2000, the following core criteria must be met:
The following type of Persons can apply for Design Registration:
Individuals, their legal representatives, or assignees can apply either individually or jointly for design registration.
The term 'person' encompasses a variety of entities, including firms, partnerships, small entities, and corporate bodies.
For NRIs, the application for Design Registration should be made through their agent or legal representative.
All provisions should be understood and complied with as per the English language stipulations for the Design Registration process.
To register a design in India, applicants need to provide the following documentation:
Registering a design grants businesses legal protection, preventing others from replicating their design to produce, market, or distribute items.
An online design registration certificate boasts a validity of 10 years. Post this duration, its validity can be renewed for another five years.
Design registration bestows a unique identifier to businesses. This ensures that a company's products stand out and are distinct from competitors due to the registered design.
Products with designs registered under them are guaranteed to be original. This means such designs have neither been employed in India nor have they been published in any other WTO member nation.
A vital advantage of design registration is that it primarily focuses on visual evaluation, ensuring the design resonates with the broader public.
One of the fundamental prerequisites for design registration is its distinctiveness. This implies that to get registered, the design must not only be captivating but also distinct enough from competitors, fostering innovation and constructive competition.
The procedure to register a Design in India is explained in detail below:
Start by conducting a comprehensive search of existing designs to confirm the novelty and uniqueness of your design. This helps in evading possible infringement complications.
The application for design registration will be drafted and filed, incorporating all requisite documents as mentioned above.
Post-submission, the Indian Design Office will scrutinize your application, ensuring it adheres to all mandatory stipulations.
Upon acceptance of your application, the design is published in the official gazette. This publication offers the general public an opportunity to voice any objections concerning the proposed design registration.
If no objections arise, or if raised objections are successfully addressed, the Indian Design Office will bestow the design registration. A certificate confirming the registration will be provided, holding validity for a decade.
Following the initial tenure of 10 years, the design registration can be extended for an additional five years. Solocorp expert will guide you through the renewal procedure, ensuring the sustained validity of your design registration.
Solocorp has a team of experienced professionals adept at navigating the complexities of design registration in India. Our dedicated team will guide you from the initial stages of understanding the significance of your design to the meticulous documentation and filing process. With our expertise, we streamline the registration process, ensuring timely submissions and continuous updates.
By choosing Solocorp, you opt for a hassle-free, comprehensive approach to safeguarding your design's uniqueness.
Ready to protect your design? Talk to our Design Registration experts today and start the process!