To capture the attention of a buyer, an article should be visually appealing. This is because visual appeal enhances the marketability of the articles while obtaining protection requires a design that is attractive to the eyes. The design is therefore primarily aesthetic in nature.
Additionally, the Design Act, of 2000 governs and administers the Design Registration. It is possible to register things like a configuration, pattern, shape, composition of lines, ornaments, or colour or combination of colours that are used in an article under the Design Act, 2000. A Design Registration also grants the concerned owner the right to use his product and restricts others from doing so without his consent.
How Does Design Work? Does It Include Everything?
As defined by the term Design, it only refers to the shapes, patterns, configurations, ornaments, colours, or compositions of lines of any article, whether two-dimensional or three-dimensional or a combination of both. However, the term design does not include the following –
- Construction methods or principles of any kind
- A mere mechanical device in substance
- ‘Property Marks’ as defined in Indian Penal Code 1860 section 479
- Copyright Act, 1957 defines “Artistic Work” as any work of art that is created by an individual.
What Are The Requirements For Getting A Design Registration?
To obtain Design Registration, you must meet the following requirements:
- Prior to filing for registration, the design must not have been previously published or used in any country or nation.
- An article of clothing may boast a design that is a combination of lines, ornamentation, or a pattern.
- Industrial processes can achieve the design.
- Design appeal in the finished article will be determined solely by the eye.
- Any trademark or property mark must be removed from the design.
- Additionally, the design should be significantly different from a recognized design or a combination of recognized designs.
Why Is It Important To Register A Design?
Here are the reasons why registering a design is necessary –
- Design Registration – A design owner who obtains a Design Registration will have exclusive or proprietary rights, such as the right to use, explore, and transfer the product for commercial purposes and to make a profit as a result. Moreover, the mentioned rights will only accrue after obtaining registration
- In case of any infringement, a registered design owner can easily approach the court for claiming damages. However, that service is not available in the U.S.f for unregistered designs.
- In case of any infringement, a registered design owner can easily approach the court for claiming damages. However, that service is not available in the U.S. for identical appearances or fraudulent imitations. In addition, the design protection is applicable not only to India but also around the world since it acts as a form of patent.
- Creates Monopoly – Monopoly means that competitors that sell goods of similar nature cannot use the same design. The owner is the sole owner of the right to use the design. Creates Monopoly – Monopoly means that competitors that sell goods of similar nature cannot use the same design. The owner is the sole owner of the right to use the design.
- Validity – Design registration is valid for a period of ten years and may be extended by another five years
- Design Registration in India provides the owner with a Unique Selling Point (USP). This will aid the customer in recognizing the design of the product.
- Registration results in the creation of an asset that can be leased, sold, or contracted for commercial purposes.
Is anyone eligible to apply for registration?
Owners and authorized agents of the product concerned can apply for registration of The proprietor and his authorized agent of the concerned product can apply for the registration of the design. Moreover, the term proprietor includes an individual, partnership, company, etc. Moreover, an authorized agent can also apply for the registration of a design. authorizing the said agent must be submitted together with the application and required documents.
What Documents Are Required For Design Registration?
For registration of a design, you will need the following documents: –
- Copies of the Aadhar and Pan cards of the concerned proprietor
- The Aadhar card of at least one partner or director (for a partnership firm or company)
- GST (Goods and Service Tax) registration of a business
- Company Incorporation Certificate (in the case of a company)
- In a partnership, the partnership deed is required.
- An authorizing power of attorney (Form -21) must be signed by the proprietor, partner, or director.
- Various views of the article, such as front and back views, top and bottom views, and side and bottom views
- Describe the unique features of the article
- Documentation (in case of a previous registration)
Obtaining a design registration: What Is The Process?
The following steps are involved in obtaining Design Registration:–
- Preparation of documents and reports
- Designing a proposal
- The Design Application must be filed
- Responding to the Examiner’s Report and Objection
- The Department’s Objection Handling Process
- Registrar of Designs
Registration of Designs – Detailed Procedures
- Developing a list of the necessary documents for submitting before the department is the first and foremost step in registering for Design. In addition, a Design questionnaire, a description of the work, a Power of Attorney, and colour photographs of the work are required. the design from various angles.
- Developing a list of the necessary documents for submitting before the department is the first and foremost step in registering for Design. In addition, a Design questionnaire, a description of the work, a Power of Attorney, and colour photographs of the work are required., once the application is duly drafted containing all the specifications, the same is required to be filed.
- It is mandatory to file the design application online. Furthermore, a draft of the design application must be attested by the attorney on each page of the design specification. Further, after making the successful submission, the applicant is asked to make a payment of Rs. 1000/- as filing fees have to be deposited, resulting in the issuance of acknowledgement.
- Providing a response to the Examination Report and Objection – In the final phase of this process, the concerned Design department must address any departmental objections raised. Upon receipt of the application and documentation, the department will issue a Certificate of Design Registration if it is satisfied.
- Managing Departmental Objections – In the final stage of reply and redress, if any departmental objections are raised by the Design department, the applicant needs to resolve them. In the event that the department is satisfied with the application, it will issue a ten-year Certificate of Registration of Design.
- Finally, the Design Office issues a Design Registration certificate.
How long does a design registration remain valid?
Design registrations are valid for ten years from the date of registration. However, the period can be extended to five more years by filing an application on Form-3 together with the required fees. The application must also be submitted prior to the expiration of the initial period if it is to be granted.
Is There A Ground For Cancelling A Design Registration?
There are several grounds for cancelling a design registration –
- Form 8 requires a petition for the cancellation to be filed at any time if you wish to cancel a Design Registration.
- There is a sufficient basis to cancel an already registered design if it was previously registered.
- Whether the design was published in India or elsewhere before the date of registration
- Unless the design is unique or original, it could be cancelled.
- In the case where the design is not registrable or is not a design under Clause (d) of Section 2, it is not a design.
- What Types Of Articles Are Not Eligible For Design Registration?Postage stamps, labels, tokens, and cards are not eligible for design registration because they are only considered to exist if they have been reproduced in their physical form. As such, existence does exist. Additionally, once the alleged design, i.e., ornamentation, has been removed, only a piece of paper, metal or similar material remains, and the article mentioned is no longer there. Hence, the concerned article must have a separate existence that is too independent of the Designs applied to it
2. What Is The Date Of Registration?Except for priority claims, the date of registration is the actual date that the design registration application was submitted. As for priority claim registration, the date of application is the date of registration in the reciprocal country.3. How Can One Determine Whether Registration Exists In Regard To Any Design?
For determining whether registration exists in respect of a design, you need to contact the Kolkata Patent Office. In case the applicant knows the Design number, he or she may make a request in Form 6, otherwise, in Form 7, along with the prescribed fees. Further, each request must pertain only to one design.