Design Registration

Design registration is an intellectual property, used to protect the features of shape, colours, lines, patterns or configurations of your article. For registering of the designs they must satisfy the following criteria that are it should be original, new and quintessential or related to the features of an article. The registration comes under the designing act 2000 it is valid for a period of 60 years from the date of registration. We, in Solubilis provides our services for registering Design rights for our clients in all over India as well as for clients abroad, for registering of their design rights filed in other countries in India, through the Conventional treaty method.

Importance of design registration:

  • It increases its commercial value and at the same time increases the market of the product.
  • When a design is protected, the author has the right to claim the person or entity that copied or imitated the design. This guarantees that the design of the product is authentic and original and exclusive to its owner.
  • The design protects the visual features of the registration products / packaging. There are many companies that rely on copyright and give themselves adequate coverage.
  • When a dispute arises, the other party will fight for the recognition of the copyright. Design registration can therefore be considered as a viable option to prove the validity of certain rights.
  • When a designer adds something unique / creative to his product, he adds a personal character to the design. Uniqueness has its own approach to the market that helps new products make their place among all existing products.

Photographs:

  • photographs should contain a number of views to disclose the appearance of design, i.e., front, rear, right and left sides, top and bottom
  • If the applicant is individual
  • Pan
  • Aadhaar
  • If the applicant is company
  • registration Certificate

Step 1: preparation and documentation

  • In the initial step, should submit the elaboration of the work, colour of design and the addition features of design and power of attorney in Form-21

Step 2: application drafting

  • Three-dimensional shape of design, article, material, equipment or auto parts etc. Depending on the visual appearance it needs to be put into a written specification which requires experience and skill. Application will be filed after drafting the design specification.

Step 3: application filing

  • Application is filed through online need to attest by the attorney on each page of design specification. After the successful submission, filing fees has to be deposited resulting issuance of acknowledgement.

Step 4: examination and reports

  • The final stage is the response and redressed of any departmental objections raised by the design department. If the department is satisfied then issued a certificate of design registration

Step 5: issued a certificate

  • The final stage is the response and redressed of any departmental objections raised by the design department. If the department is satisfied, then the design issued a certificate of registration valid for a period of 10 years.

FAQ'S


Industrial Designs or simply Designs are exclusive rights given for the aesthetic shape, appearance of a product, which can be produced industrially as an independent product or can be part of assemblage of a product

In India, the Patent office, Designs wing located in Kolkata Patent office, grants Design registrations

In India, an object / product for seeking Design Registration should be novel and should not have been published elsewhere during the time of application.

Yes, Very much. A Design registration registered in the name of any individual or SME or Corporate, can be assigned, transferred or licensed to any other third person. The details of transfer, licensing should be registered in Patent Office, Designs Wing, and Kolkata

Application for Design Registrations are filed using the Locarno Classification of Designs. They are classifications and sub classifications based on various product categories and types to clearly indicate to which group / category an object is seeking Design Registration

A product seeking Design registration, upon applying would be scrutinized by Patent Office, Designs Wing, Kolkata and a FER (First Examination Report) is sent. Reply to FER should be filed within 6 months upon filing of the Design Application. Upon fulfilment of compliances the Design application proceeds towards Grant. Generally it takes 1 year for Grant of Design Registration.

If anyone design violates the copyright rights he is responsible for this offense he should pay a sum which not exceeding Rs.25.000/- to the registered proprietor. The maximum amount of Rs.50, 000/- of contract debt should pay in respect of a single design. The registered proprietor may bring an agreement to recovery of the damages and present the repetition as afore mentioned. The total recovery not exceeds up to Rs.50, 000/- as a contract debt which stated in the Section 22(2) (a). The agreement for such violation, damage recovery etc should not be filed any court which blow level court of District Judge.

A Design registration upon grant is valid till 10 years and can be extended further to 5 more years.

Yes, very much. Upon registration of Design for an object, the Copyrights for the same design can be applied for and obtained.

Yes, upon filing a Design Application in India, within 11 months, the same design application with the priority date can be filed through the Conventional system claiming priority over the Design Application filed in India.

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