Protect your design for 10 straight years with us. We will help prepare your design registration with ease and minimal effort.
Design Registration
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Overview
As per the Design Act of 2001, a design is defined as a feature of a shape pattern or any form of configuration encompassing lines and colours. The design can be two-dimensional, three-dimensional or both as per the industrial standards. Section 2D of the Design Act of 2001 also defines that the design can be mechanical, manual, chemical, separated or combined and is completely judged by the eye.
The design of an organisation is treated as an intellectual property and in order to safeguard the same it is mandatory to register the design. This will protect the aesthetic appeal of the design.
The Designs Act of 2000 governs the incorporation and protection of designs in India. The Act that was introduced in 1911 was repealed and replaced with the Design Act of 2000. As per the rules, it is mandatory to register your design to avoid competitors copying your unique design registration.
Documents Required
- Required Affidavits
- A certified copy of the original document
- Copies of the disclaimer’s excerpts
- It should be written in an appropriate format including a statement of truth
- A signed power of attorney provided by the owner and other partners and directors
- Form 21, if filed thorough agents and advocates
- Four different copies of the design along with an image
Procedure for Design Registration in India
- Conduct a design search: Investigate existing designs to ensure that your design is new and original. This will help to avoid any potential infringement issues.
- Prepare and file the application: Prepare and file the application for design registration. This will include providing the necessary documentation, such as drawings or photographs of the design and other required information.
- Examination of the application: After the application has been filed, the Indian Design Office will examine it to ensure that it meets all the necessary requirements.
- Publication in the official gazette: If the application is accepted, the design will be published in the official gazette. This is done to give an opportunity to the public to raise any objections they may have on the design registration.
- Grant of Registration: If there are no objections, or if the objections have been overcome, the Indian Design Office will grant the design registration. A registration certificate will be issued, which will be valid for a period of 10 years.
- Renewal of Registration: After the initial 10-year period, the registration can be renewed for five years.
What is Excluded from its Scope?
Design registration doesn’t safeguard literary or artistic works such as books, calendars, stamps, tokens, buildings, structures, and maps, unlike copyright protection. Additionally, designs resembling national flags, emblems, or signs of any country cannot be applied for.
Why BizReg?
Our team will be able to guide you through a significant technical process that would lift a significant burden off your shoulder and ensure that your design is future proof. While our experts prepare the registration application, a power of attorney is to be sent to allow us to apply on your behalf. We will file your application with the design wing of the patent office and you can use the design number to track the status of your application.