Mahtta & Co.

DESIGNS

Design registration is a crucial step in protecting the unique and creative aspects of your products. Whether you’re a manufacturer, an artist, or an entrepreneur, registering your design ensures that your intellectual property is safeguarded against unauthorized copying, imitation, or exploitation. In today’s competitive market, where originality is highly valued, design registration provides a legal shield to help preserve the visual appeal of your products. It allows you to maintain exclusive rights over your designs, preventing others from profiting from your hard work and creativity. This process not only protects your designs but also encourages innovation and fosters a healthier, more competitive industry. Here’s how design registration works and why it is important for your business.

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HOW IT WORKS

HERE'S HOW IT WORKS

Fill Form

Start by filling out the form above to begin your design registration process.

Examination Of Application

Our expert in design registration will get in touch with you to prepare the necessary documents for your application.

Issue Of Certificate

Once the registration process is complete, we will file your design application, and upon approval, you will receive your Design Registration Certificate.

BENEFITS

BENEFITS OF DESIGN REGISTRATION

Design registration is a key aspect of protecting the intellectual property of your creative work. The Designs Act, 2000 and Designs Rules, 2001 govern the registration and protection of industrial designs in India, and here’s why it is vital:

procedure for registration of design in india

Legal Protection Against Design Infringement

A registered design shields your product’s unique appearance from being copied, reproduced, sold, or distributed by others. This protection prevents any unauthorized use or imitation of your design.

Extended Validity

A design registration is valid for an initial period of 10 years. After the expiration of this period, the registration can be extended for another 5 years, allowing continued protection for your creative work.

Preserves Your Creativity

By registering your design, you ensure that the uniqueness of your product is protected globally. Your design cannot be previously published in any WTO member countries and cannot be used by others in India without your permission.

Fosters Innovation

The uniqueness required for design registration encourages creativity. By ensuring that only distinct designs are registered, it promotes healthy competition and drives innovation within industries.

Documents required for Design Registration Application

Frequently Asked Questions About Design Registration!

Under the Designs Act, 2000, an “article” refers to any product or substance, whether wholly artificial, partially artificial, or natural, which can be manufactured through industrial processes. It also includes parts of the product that can be sold separately after completion.

The main goal of design registration is to safeguard original and innovative designs applied to articles. Consumers often decide what to buy not only based on functionality but also the visual appeal of the product. Design registration ensures that the creator of a product with an attractive appearance is not unfairly deprived of their right due to copying or imitation by competitors.

According to the Designs Act, 2000, a ‘design’ refers to the ornamental or aesthetic features of a product, including its shape, configuration, pattern, or decoration. These characteristics must be visible to the naked eye, and the design can be either two-dimensional or three-dimensional. Designs applied through industrial processes (manual, automatic, or chemical) qualify for registration, but it excludes anything that is purely mechanical in nature or a mere method of manufacture.

After you submit your design application in the prescribed format, it will undergo examination, and once it is accepted, your design will be registered. A certificate confirming your design registration will be issued. In case you need a certified copy of the certificate for legal purposes, you can request it from the Controller of Designs, along with the applicable government fee.

The Register of Designs is a document maintained by the Indian Patent Office in Kolkata. It includes details such as the design number, class number, filing date, owner’s information, and other relevant information that ensures the legal protection of the design. This register is publicly accessible for scrutiny upon payment of the prescribed fee.

The registration date is the actual date of filing the design application, except when a priority document is involved, in which case it is the filing date in the reciprocal country.

No, if the copyright on a design has expired, it cannot be re-registered under the Designs Act, 2000. Once the copyright has expired, the design can no longer enjoy the protection offered by design registration.

Initially, design registration is valid for 10 years. If the design is eligible for a priority date, the registration is valid for 10 years from that date. You can apply for an extension of the registration for an additional 5 years by submitting a request before the expiration of the initial period.

Registering a design grants the proprietor exclusive rights over its use. This includes a copyright for the design, ensuring that no one else can legally apply or replicate the design on their articles within the same class. It protects the originality and market value of the product’s visual appeal.

Design piracy refers to the unauthorized use of a registered design. This can include applying the design to products within the same class without the registered proprietor’s consent, as well as selling or importing such items. Design piracy also involves publishing such articles or advertising them with knowledge that the design is being used without authorization.