The Office of Controller General of Patents, Designs, and Trademarks can register a product’s design to prevent counterfeiting under the Designs Act 2000. If a product has a new shape, configuration, pattern, ornament, or composition of lines or colors, it can be registered as a new design. In order to be registered, a design must be new and original, applied for composition, pattern, or ornament that has been created industrially.
Design registration gives the owner exclusive rights to exploit and commercialize it. The registrar will take into account a variety of factors before allowing a design to be registered. Simply filing an application does not guarantee registration. In order to increase the chances of a design registration online being registered, it is advised to seek professional assistance when applying for it. Expert hands will ensure that the application is well written, which in turn increases its chances of being accepted. A professional can assist with checking the registration status on a regular basis.
In start India, we have experts who can assist you in registering a patent online with the Comptroller. In addition to company registration, trademark registrations, patent registrations, copyright registrations, and design registrations, we also provide other related services. Generally, trademark objections are handled within 14 days, depending on the government’s processing times and the client’s documents.
From the comfort of your own home, start India provides highly specialized and customized services to help you register your design.
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WHO CAN APPLY TO REGISTER A DESIGN?
An affidavit from the owner authorizing the agent must accompany the application for registration.
REGISTRATION OF DESIGNS HAS ITS ADVANTAGES
- If a design is infringed, the registered owner can sue for damages, but the unregistered owner cannot.
- As a result of the registration, the design owner is entitled to exploit, explore, and transfer the product for commercial use.
- Design registration is valid only in India, but a patent can be filed based on the design registration anywhere in the world.
- Patent registration provides 10 years of special rights to the patentee, which can be extended for an additional 5 years.
- Design rights belong to the owner. Competitors selling similar goods cannot make use of the design.
- When the design is registered, it becomes intellectual property, which can be sold, licensed, or franchised.
Benefits of Design Registration
Industrial design can have a significant impact on the value of a product, and can even become its unique selling point. Therefore, any business strategy should protect valuable designs.
With the registration of industrial designs, owners gain exclusive rights to prevent others from copying or imitating them unauthorisedly. This often improves the competitiveness of businesses and often leads to additional revenue streams.
- Registration ensures that your design is not copied or imitated by competitors, thereby strengthening your competitive position.
- As industrial designs are business assets, registering a valuable design can result in a fair return on investment.
- It is possible to gain access to markets that you cannot reach otherwise by licensing your registered design.
- Besides encouraging fair competition, industrial designs contribute to the production of aesthetically pleasing products by encouraging honesty in trade.
Documents Required for Design Registration in India
The following documents are required for Design Registration:
- In order to be eligible for the award, the design must be original and have never been used in any other region before.
- An article’s design should relate to the shape, configuration, pattern, or ornamentation of the article.
- Any article produced by any industrial process, implying bulk production, is eligible for registration. Articles such as paintings, sculptures, etc., are not allowed.
- When applied to or applicable to the article for which the design is created, it must be visible to the eye.
- Any laudatory or obscene material must be removed from the design
- It should not violate public morality or law.
- A photo of the design from every angle is required.
Frequently Asked Questions
Why does a design need to be registered?
Registering designs ensure that they are new and unique.
Would it be possible to extend the duration of a Design registration?
A registration is valid for ten years and can be extended for five more.
Does it make sense to re-register a design for which the Copyright has expired?