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.
File your Design Copyright Registration application online through TAXAJ.
It usually takes 6 to 12 months, depending upon government approval.
- Session with TAXAJ Expert
- Filing of Application for Design Copyright Registration
- Follow up till you secure the approval
- Any business or individual wanting to protect their work.
- Purchase of Plan
- Expert Assigned
- Upload documents on vault
- Application filed with IPR Authority
- Follow up with Authority
- Approval Letter
- 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:
Foodstuffs
Articles of clothing and haberdashery
Travel goods, cases, parasols and personal belongings, not elsewhere specified
Brushware
Textile piece goods, artificial and natural sheet material
Furnishing
Household goods, not elsewhere specified
Tools and hardware
Packaging and containers for the transport or handling of goods
Articles of adornment
Equipment for production, distribution or transformation of electricity
Recording, telecommunication or data processing equipment
Machines, not elsewhere specified
Photographic, cinematographic and optical apparatus
Musical instruments
Printing and office machinery
Stationery and office equipment, artists' and teaching materials
Sales and advertising equipment, signs
Games, toys, tents and sports goods
Arms, pyrotechnic articles, articles for hunting, fishing and pest killing
Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel
Medical and laboratory equipment
Building units and construction elements
Lighting apparatus
Tobacco and smokers' supplies
Pharmaceutical and cosmetic products, toilet articles and apparatus
Devices and equipment against fire hazards, for accident prevention and for rescue
Articles for the care and handling of animals
Machines and appliances for preparing food or drink, not elsewhere specified
Graphic symbols and logos, surface patterns, ornamentation
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 Registration | Trademark |
|---|---|
| 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.
