Design Registration in India

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Industrial Design Registration in India

Table Of Contents

Industrial Design Registration
Industrial Design Registration Steps
Documents Checklist
Design Objections
Benefits of Design Registration
FAQs on Design Registration

Industrial Design Registration

In India, Industrial Design Registration is governed by the Designs Act, 2000 and the Designs Rules, 2001.

Industrial design registration is the process of legally protecting the visual features of a product. This can include the shape, configuration, pattern, or ornamentation of the product. Industrial design registration is intended to protect the appearance of the product, rather than its functional aspects, which may be protected by a patent.

Industrial Design Registration Steps

Search the Designs Registry to ensure that the design is new and has not been previously registered or published.
Prepare a representation of the design. A representation is the exact representation of the article on which the design has been applied.
Identifying the class of design. There are 32 classes and most of the classes are further divided into sub-classes.
Providing a statement of novelty on the representation of a design as per the Act in order to specify the claim.
Include a disclaimer if the ornamental pattern on an article is likely to be confused with a trade mark, suggests any mechanical action or contains words, letters, numerals, etc.
Claiming a priority date
Determining the fee to be paid. If you are an MSME, you can claim rebate in government fees by providing Form-24.
Ensuring all enclosures are attached
Comply with objections (if any gets raised in examination)
Provide All contact details and addresses.

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Documents Checklist

Form-1 in the prescribed format [as in Schedule-II of the Designs (Amendment) Rules,
2021] along with prescribed fees (as per Schedule I)

Representation sheets should be prepared as prescribed under Rule 12, 13 and 14 of the
Designs Rules, 2001

Statement of disclaimer or novelty must be attached to each representation with respect to mechanical processes, trademark, numbers, letters etc. it should also be endorsed and duly signed and dated on each representation by the applicant or the authorized person on behalf of the applicant.

Form-21(Power of authority/General Power of authority) in original (if filed through patent agent/advocates). If the applicant files copy of General Power of Authority (GPA), it should be endorsed with the design application number, with which the original GPA has been filed.

Form-24 in prescribed format (if small entity status is claimed)

MSME Certificate/Udyog Adhaar/Udam Registration in support of Form-24

In case of foreign entities, Affidavit deposed by the applicant or authorized signatory as prescribed under Rule 42 of the Designs Rules in support of Form-24

Assignment document in original (if the applicant of first/priority application in convention country is different from that of Indian application)

Authenticated English translated copy of the priority document (if original priority document is in language other than English)

Design Objections

During the industrial design registration process, the Design office will examine the design application to ensure that it meets the requirements for registration. If the office finds any issues with the application, it may raise objections or request additional information or clarification from the applicant.

If the applicant receives objections or requests for additional information during the examination process, they will have the opportunity to respond and address the issues raised by the office. The applicant may need to submit additional documentation or make changes to the design in order to overcome the objections.

It is important for the applicant to carefully review any objections or requests for additional information and take prompt action to address them. Failure to do so may result in the design application being rejected or abandoned.

If the examination officer is not satisfied with the written reply, then an opportunity for a hearing will be given. If the applicant still fails, the design is declared non-registrable. All this is done within 6 months from the date of filing.

Benefits of Design Registration

Legal protection: A registered design gives the owner exclusive rights to use, license, or sell the design. This can provide protection against unauthorized use or copying of the design by others.

Increased marketability: A registered design can help to differentiate a product or service from others in the market, which can help to attract more customers and increase marketability.

Leverage in negotiations: The owner of a registered design may be able to leverage their exclusive rights in negotiations with potential licensees or buyers, which can result in more favorable terms or higher fees.

Potential for licensing or assignment: The owner of a registered design may be able to license their design to others for use in their own products or services, or assign their rights to the design to another party. This can provide an additional source of revenue for the owner.

Commercial value: A registered design can add value to a product or service, making it more attractive to customers and potentially increasing sales.

FAQs on Design Registration

What is a Design?

A design refers to the visual appearance of a product or part of a product, and can include the shape, configuration, pattern, or ornamentation of the product. A design can be registered as intellectual property in order to protect the owner’s exclusive rights to use, license, or sell the design.

What is meant by an article under the Designs Act, 2000?

Under the Designs Act, 2000 the “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.

What is the duration of the registration of a design? Can it be extended?

The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years.

Who can apply for registration of a Design?

Any person or the legal representative or the assignee can apply separately or
jointly for the registration of a design. The term “person” includes firm, partnership,
small entity and a body corporate. An application may also be filed through an agent in which case a power of attorney is required to be filed.

Can the name, address of proprietor or address for service be altered in the register of design?

Name and address of the registered proprietor, or address for service can be altered in the register of designs provided this alteration is not made by way of change of ownership through conveyance i.e. deed of assignment, transmission, license agreement or by any operation of law.

What is a Register of Designs?

The Register of Designs is a document maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

Are the registered designs open for public inspection?

Yes, registered designs are open for public inspection only after publication in the official journal on payment of prescribed fee on a request in Form-5.

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, symbols, names, and images used in commerce. IP is protected by law in order to encourage innovation and creativity, and to prevent unauthorized use or exploitation of these creations.