Design Registration

What is Design Registration?

Design registration is a type of intellectual property protection used to obtain protection from counterfeiting for the features of Shape, Configuration, Pattern or Ornaments. With Design Registration, the creator gets exclusive right to use the design for 10 years, which can be extended for further 5 years. A pattern or ornament, shape, a shape, configuration, or composition of lines and colors or combination applied to any article can be registered under the Design Act, 2000. It must satisfy the following norms in order to get registered. a) It should be original and all new b) The design should relate to shape, pattern, configuration or ornament applied to an article. c) The design must be applied to any article by an industrial process d) The design must be visible and should appear in the article

Register Online for Rs.8000

Benefits of Design Registration

When a design is protected, the author has the right to sue the person or entity who are copying or imitating the design. This guarantees that the design of the product is authentic and original and is exclusive to the owner.

A good design makes any article or ornament attractive and appealing. Thus, it enhances its commercial value and at the same time increases the marketability of the product.

Design registration protects the visual traits of products/packaging. There are number of companies which depend on copyright and give themselves sufficient coverage. However, when conflict arises the other party will contest the validity of copyright. Therefore design registration can be regarded as the perfect alternative to proof the validity of certain rights.

When a designer adds something unique/creative to its product it sort of adds individual character to the design. The uniqueness has its own approach in the market which helps the new product in forming its own place between all existing products.

Documents Required for Design Registration

Details of Application

Name, nationality and address of the applicant

Details of Design to be registered

Drawing(s)/ photographs in various views (Preferably the views from left, right, bottom and top)

Power of Attorney

Power of Attorney which enable the attorney to file application on behalf of applicant

Definition of Design

A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.

Register Your Design in 3 Easy Steps

Step 01

Register & Pay

Select any package suits your requirement
Fill up the form which will take less than 10 minutes
Make payment through secure payment gateway.

Step 02

We Will Help

Your queries will be answered quickly and effectively
Discussion on Design Registration
Provide details & upload documents required for Design Registration
Drafting of POA and other necessary Documents
Receipt of Necessary Documents Signed
Drafting and Submission of Application

Step 03

Registration Filed

All these takes 10 to 15 Working Days*
*Subjected to Government Processing Time

The Process of Design Registration

Day 1 – 3

Collection of Information
Collection of required documents (Scanned copies)
Review of documents and information provided

Day 4 – 6

Discussion on Design Registration
Drafting of Documents
Sending the documents for getting signed

Day 7 – 15

Receipt of Signed Documents
Preparation and Filing of Application
*Subjected to Government Processing Time

Frequently Asked Questions

What is meant by ‘Design’ under the Designs Act, 2000?

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

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 object of registration of Designs?

Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design?

No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.

When does the Applicant for Registration of Design get the registration certificate?

When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.