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Design registration gives a right to the owner for using his product and restricts other to use such product without the permission of the owner. The registration of Design is governed by Design Act, 2000. A procedure design registration protects the feature of the product or articles such as its shape, color, pattern, size, configuration, and compositions. Every design registration is directed to a particular class of article. The classification is based on International Classification System.
All the applications related to Patents, Designs, and Trademark needs to be filed at Office of the Controller General. The office conducts the examination of documents and grants the certificate.
Why Register Your Design?
Criteria for Design Registration
Objectives of The Designs Act, 2000
Criteria For registration of Design under Designs Act. 2000
Documents Required for Registration
The affidavits should be arranged in systematic and with proper paragraph form. The Declaration must be true and verifiable.
Duration of the Registration
The duration of trademark registration of a design is 10 years from the date of registration. However, this initial period of registration can be extended to 5 more years filling an application in Form- 3 with requisite fees. This application has to be made before the expiry of the initial period.
Cancellation of Registration
The owner of the registered design can also cancel at any time after the registration in Form-8 with requisite fees. The grounds on which the registration can be canceled are as follows:
Penalties for using registered Design
If anyone uses the registered design without the permission of the owner, the person will be liable for a penalty not exceeding Rs. 25,000/- and maximum of Rs. 50,000/-.
Also Read: Design Registration – Procedure, Documents, Benefits
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