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Design Registration

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A design registration is used to obtain protection for the features of shape, configuration, pattern or ornaments.Design registration can be used to protect original shapes, patterns, ornaments, and composition of colours and lines applied to any article by an industrial process. Trademark karo offers an easy process for obtaining design registration.The words “pattern” and “ornament” refer to something that is embossed, engraved or placed upon an article for the purpose of decoration.The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentation and composition of lines or colors applied to articles which in the finished state appeal to and are judged solely by the eye.

Why obtain design registration

1. Legal Protection

2. Market Presence

3. Rights of the Owner

4. Global Protection.

5. Makes Work Known

6.Branding or Goodwill

Essential requirements for the registration of design under the Designs Act, 2000:

  • The design should be new or original, not previously published or used in any country before the date of application for registration.
  • The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
  • The design should be applied or applicable to any article by any industrial process.
  • The features of the designs in the finished article should appeal to and are judged solely by the eye.
  • The design should not include any trade mark or property mark or artistic works.
  • The Design should be significantly distinguishable from a known design or a combination of known designs

what is duration of design registration?

Design registration confers rights for a period of a 15 years form the date of application,The registration is valid for an initial term of 10 years and can be renewed for another 5 years.

FAQ

1.What is meant by ‘Design’ under the Designs Act, 2000?

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

2.Do I need to keep my design confidential?

Yes you do. You must file an application for registered design before you sell or offer
for sale or disclose your design to others in a non-confidential manner. Once the
application is filed you may disclose your design as your rights are officially (and in most cases internationally) recognized from the date you filed it. If it is necessary for you to disclose your design to others before filing an application for registered design, ensure that you have the other party sign a confidentiality agreement prior to disclosing the design to them. By completing this agreement it is easier to prove that it was disclosed in confidence and you have the ability to sue for breach of contract if the recipient of the confidential information you supplied uses or tells others about that information.

3.When should I apply for a design?

You should apply for a registered design as soon as possible after finalizing the design
and certainly before you disclose the design to others. We recommend that you file
drawings of your article that are as close as possible to the actual articles that you will beselling, i.e. not drawings of your initial prototypes.Your rights in the design are recognized from the date the application is filed so the sooner you file the better the position you will be in if your competitors have created something similar.

4.Who can apply for design registration in india?

Design can be filled by an individual, a firm, partnership and legal entity.

5.What is the duration of design registration in India?

Design registration confers rights for a period of a 15 years form the date of application,The registration is valid for an initial term of 10 years and can be renewed for another 5 years.

6.Can i apply design application on online?

Yes

7.what is the fees for design registration ?

in case of individual Rs 1000 for small entities 2000 and others 4000.

8.How much time does it take for design registration?

Approximately 12 to 15 Months

9.Is patent and design registration same thing?

No, Patent protects the way the product works and design protects the look of an objects.Basically if your product has a unique visual appearance and you want protect its appearance for commercial reason you should go for design registration.

10. What is the effect of registration of design?

The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.

11. Can the same applicant make an application for the same design again, if the prior application has been abandoned ?

Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.