TAXAJ

Design Registration | Patent your Design

Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. Design registration provides the creator exclusive rights to use the design for ten years, which can be further extended for five years.


A shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act, 2000. But for a design to get registered, it must satisfy the following conditions:

  • It should be new and original. 
  • The design should relate to shape, configuration, pattern, or ornament applied to an article.
  • The design must be applied to any article by an industrial process.
  • The design must be visible and should appear in the article.

Under the Design Act, the owner of a registered design can seek legal remedy in case of infringement.

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About This Plan

File your Design Copyright Registration application online through TAXAJ.

Created by potrace 1.15, written by Peter Selinger 2001-2017

Timeline

It usually takes 6 to 12 months, depending upon government approval.

Buy Now
Services Covered
Who Should Buy
How It's Done
Documents Required
Services Covered

  • Session with TAXAJ Expert
  • Filing of Application for Design Copyright Registration
  • Follow up till you secure the approval
Who Should Buy
  • Any business or individual wanting to protect their work.
How It's Done

    • Purchase of Plan
    • Expert Assigned
    • Upload documents on vault
    • Application filed with IPR Authority
    • Follow up with Authority
    • Approval Letter
Documents Required
  • A certified copy of the original or certified copies of extracts from the disclaimer
  • Affidavits
  • Declaration
  • Other public documents can be made available on payment of a fee.

Design Class List

Design Registration application can be applied in 32 Class, as per your product and specifications. These are the detailed list, which you can apply with:

Class 1

Foodstuffs

Product List
Class 2

Articles of clothing and haberdashery

Product List
Class 3

Travel goods, cases, parasols and personal belongings, not elsewhere specified

Product List
Class 4

Brushware

Product List
Class 5

Textile piece goods, artificial and natural sheet material

Product List
Class 6

Furnishing

Product List
Class 7

Household goods, not elsewhere specified

Product List
Class 8

Tools and hardware

Product List
Class 9

Packaging and containers for the transport or handling of goods

Product List
Class 10
Clocks and watches and other measuring instruments, checking and signalling instruments
Product List
Class 11

Articles of adornment

Product List
Class 12
Means of transport or hoisting
Product List
Class 13

Equipment for production, distribution or transformation of electricity

Product List
Class 14

Recording, telecommunication or data processing equipment

Product List
Class 15

Machines, not elsewhere specified

Product List
Class 16

Photographic, cinematographic and optical apparatus

Product List
Class 17

Musical instruments

Product List
Class 18

Printing and office machinery

Product List
Class 19

Stationery and office equipment, artists' and teaching materials

Product List
Class 20

Sales and advertising equipment, signs

Product List
Class 21

Games, toys, tents and sports goods

Product List
Class 22

Arms, pyrotechnic articles, articles for hunting, fishing and pest killing

Product List
Class 23

Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel

Product List
Class 24

Medical and laboratory equipment

Product List
Class 25

Building units and construction elements

Product List
Class 26

Lighting apparatus

Product List
Class 27

Tobacco and smokers' supplies

Product List
Class 28

Pharmaceutical and cosmetic products, toilet articles and apparatus

Product List
Class 29

Devices and equipment against fire hazards, for accident prevention and for rescue

Product List
Class 30

Articles for the care and handling of animals

Product List
Class 31

Machines and appliances for preparing food or drink, not elsewhere specified

Product List
Class 32

Graphic symbols and logos, surface patterns, ornamentation

Product List

Design Registration Process

The application for Design registration must be filed with Form 1 along with the following details:

  • Name of the applicant 
  • Address of the applicant 
  • Nationality of the applicant


Suppose the applicant is not a natural person, i.e., a company, then information regarding the legal status must be included.


The name of the article to which the design is applied.


Registration of the design. In the case where the design is two-dimensional, two copies must be submitted. (The applicant must highlight the unique features of the design)


Suppose the application mentions registering the design in more than one class, then each class of Registration must have a separate application.


A disclaimer or novelty statement should be attached to each representation concerning the mechanical processes, trademark number, letters.


The applicant or authorized person must endorse and duly sign each representation.


Once the application's submission is made, the patent office will examine the application, and objections will be raised, if any.


Once all the objections are removed, the design shall be granted a Copyright certificate by the patent office.

Difference between Design Registration and Trademark

Design RegistrationTrademark
A design registration would enable the protection of the physical appearance of a distinctive product you are planning to sell to the public (so long as that appearance does not affect the product's function in any way)A trademark would defend the symbols or words you use to identify the product as coming from your specific business.
A design registration protects any new and innovative ornamental design of an article of manufacture.Trademark registration protects a word or words, name, symbol, or drawing used in commerce to distinguish one source of goods or services from that of another.

In certain conditions, both forms of protection may be accessible to cover a single design, providing potential rewards for these rights owners

Significant aspects to keep in mind during Design registration

File Properly

An experienced professional from IndiaFilings can significantly improve the chances of successful design registration by filing a professional application, addressing all the aspects of the Design Act.

Government Processing

Filings a design registration application does not guarantee registration of the design. Design registration is a process, and Registration is provided by the registrar basing each case's facts and premise.

Professionals at IndiaFilings can provide proper guidance for filing design registration applications based on experience and expertise.

Timeline

Post filing of a design registration application, it is essential to periodically check the application's status until it is processed on the Government site. The design registration application process sometimes requires a time-bound response or action from the applicant.

Hence, it is essential to check the status continually check the application's status and take the required steps.

Protection

A list of all registered designs is maintained and published by the Patent Office to put competitors on notice about Registrationregistering a design and preventing counterfeiting.

In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.

10 Year Protection

Designs registered under the Designs Act are protected for ten years, renewable by another five years. However, design registration mainly applies only to designs used by an industrial process on any article. 

Hence, items covered under the Trademark Act or Copyright Act cannot be registered as a design.