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Procedure for Designs Registration in India

Narendra Kumar

| Updated: Jan 10, 2018 | Category: Copyright Registration

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?

  • Statutory right – accrues only on registration
  • Right to prevent all others from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation
  • Monopoly Period of 10 years extendable by 5 years
  • Gives you a Unique Selling Point (USP)
  • Is an asset & can be licensed

Criteria for Design Registration

  • Finished article appeals to and is judged solely by the eye
  • New or original
  • Not prior published in any country and not publicly known in India
  • is significantly distinguishable from known designs or combination of known designs
  • Not a technical or useful function of a product

Objectives of The Designs Act, 2000

  • To make efficient and user-friendly legal system for protection of Design in India.
  • To promote creativity andê
  • Compliance with TRIPs Agreementsê

Criteria For registration of Design under Designs Act. 2000 

  • Design should be new or original.
  • It should not be published in any country.
  • Not contrary to public order or morality.
  • It Should not attract the provision of section 4 of Designs Act, 2000.

Documents Required for Registration

  • A certified copy of the original or certified copies of extracts from disclaimers
  • Affidavits
  • Declarations and
  • Other public documents can be made available upon payment of a fee.

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:

  • The design has been previously registered or
  • That it has been published in India or elsewhere prior to date of registration or
  • The design is not new or original or
  • Design is not registerable or

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/-.

Narendra Kumar

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