Design registration is a type of intellectual property protection, under which a newly created design
applied to an article created under an industrial process can be protected from counterfeiting.
Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or
colour or combination applied to any article can be registered. For a design to be registered, it
must satisfy the following conditions: it must be new and original, the design should relate to
features of shape, configuration, pattern or ornament applied to an article, the design must be
applied to any article by an industrial process and the design must be visible and should appear on
an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten
years, that can be further extended for a period of five years. In case of infringement, the owner
of a registered design can seek legal remedy under the Design Act.
Design Registration Process
An application for the registration of design should be submitted along with four specimen copies of
the design. A statement of novelty should also be submitted, which refers to a statement of how the
design is unique. The design so represented in the 'representation of the design' submitted should
be precisely similar to the design or exact copies of the design.
Documents Required for Design Registration
- A certified copy of the original or certified copies of extracts from disclaimers
- Affidavits
- Declarations and
- Other public documents can be made available on payment of a fee.
- The affidavits should be in paragraph form and should contain a declaration of truth and
verifiability. The costs involved in the design registration process may be regulated by the
Controller according to the Fourth Schedule.
Difference between Trademark and Design Registration
A design registration protects any new and innovative ornamental design of an article of manufacture.
A trademark registration protects a word or words, name, symbol or drawing that is utilised in
commerce to distinguish one source of goods or services from that of another.
Put another way; a design registration would enable the protection of the physical appearance of a
distinctive product you are planning to sell to the public (so long as that appearance does not
affect the product's function in any way). A trademark would defend the symbols or words you use to
identify the product as coming from your specific business. In certain conditions, both forms of
protection may be accessible to cover a single design, providing potential rewards for the owner of
these rights.
Important Aspects of Design Registration
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1
File Professionally
It's important that a professional file for the registration of a design to ensure that the
design is properly protected. An experienced professional can help significantly improve the
chances of successful design registration by filing a professional application, addressing
all the aspects of the Designs Act.
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2
Government Process
Filing a design registration application does not guarantee registration of the design.
Design registration is a process and registration is provided only by the Registrar - based
on the facts and premises of each case. Hence, our professionals can only make best efforts
for filing of design registration application based on experience and expertise.
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3
Timeline
Post filing of a design registration application, it is important to periodically check the
status of the application until its processing on the Government side. Design registration
application process sometimes requires various time-bound response or action from the
applicant. Hence, it's important to continually check the status of the application and take
the required action until registration.
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4
Protection
List of all registered designs is maintained and published by the Patent Office to put
competitors on notice about registration of a design and prevent counterfeiting. In case of
infringement or piracy of a registered design, the owner of the registered design can seek
legal remedy under the Designs Act.
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5
10 Year Protection
Designs registered under the Designs Act are protected for a period of ten years, renewable
by another five years. However, design registration mainly applies only to designs applied
by an industrial process on any article. Hence, items that are covered under the Trademark
Act or Copyright Act cannot be registered as a design.