Design Registration
MSME
- Design Filing
- One Article
- Individuals & MSMEs
Regular
- Design Filingg
- One Article
- Non-MSMEs
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Design Registration
Creation of Design: The first step in design registration is creating a design that is new and original. The design must have visual appeal and distinguish itself from existing designs in order to be eligible for registration.
Search and Evaluation: Before filing a design registration application, it’s advisable to conduct a search to ensure that the design is indeed new and not already registered by someone else. This can help avoid potential conflicts and rejections during the registration process.
Preparation of Application: Once the design has been finalized and deemed eligible for registration, the next step is to prepare the design registration application. The application typically includes details of the applicant, representations or drawings of the design, and a description explaining its features and novelty.
Filing the Application: The completed design registration application is submitted to the relevant intellectual property office or authority responsible for handling design registrations. The application may need to be filed online or through traditional mail, depending on the jurisdiction.
Examination Process: After receiving the application, the intellectual property office conducts an examination to ensure that the design meets the legal requirements for registration. This may include verifying the novelty and originality of the design and checking for any conflicts with existing registrations.
Publication and Opposition: Once the design application passes examination, it is typically published in an official gazette or journal to notify the public. During this period, interested parties may have an opportunity to oppose the registration if they believe the design infringes upon their rights or is not eligible for registration.
Issuance of Registration: If no opposition is raised during the publication period and the application meets all requirements, the intellectual property office issues a design registration certificate to the applicant. This certificate serves as official documentation of the design registration and provides exclusive rights to the owner for a certain period.
Maintenance and Renewal: Design registrations may require maintenance or renewal to remain in effect. Owners should be aware of any renewal requirements and ensure timely compliance to maintain their design protection.
Documents Required for Design Registration in India:
- Applicant’s Details: Name and complete address of the applicant.
- Applicant’s Nature/Status: Clear indication of the legal status of the applicant, specifying whether the applicant is an individual, a company, etc.
- Startup Certificate (if applicable): Startups must provide a registration certificate.
- Description of the Article: A detailed description of the ‘article’ to which the design pertains, accompanied by its classification according to the prescribed categories.
- Visual Representation: A minimum of four visuals (images or drawings) showing the article from all angles should be included with the application.
Benefits of Design Registration in India
- Protection Against Design Infringement: Registering a design grants businesses legal protection, preventing others from replicating their design to produce, market, or distribute items.
- Extended Validity Period: An online design registration certificate boasts a validity of 10 years. Post this duration, its validity can be renewed for another five years.
- Competitive Edge: 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.
- Assured Originality: 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.
- Customer Appeal: A vital advantage of design registration is that it primarily focuses on visual evaluation, ensuring the design resonates with the broader public.
- Encourages Innovation: 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.