Design Registration @ Rs. 9999
Various industrial designs are registered and protected through the process of Design Registration in India. The entire procedure of the Design Registration is governed under the Designs Act-2000 and the corresponding Designs Rules-2001.
Why Need a
Design Registration
A unique industrial design points towards the conception of new and innovative features of a product, which are easily identified by the distinctive shape, formation, patterns ,beautification and combination of such shapes or shades applied
Benefits of having
Design Registration
- Exclusive rights over the new and original design
- An asset of the proprietor/owner
- Can initiate a legal proceeding in case of infringement by a third-party
- Serve as a prima facie evidence in an infringement suit
- Right to sell, transfer and license the design with ease
Essential Requirements for
Design Registration
- A design should be Original and new design. This means that it should not have been used or published previously in any country before the date of application of registration.
- A design should be significantly distinguishable from known designs or a combination of known designs
- A design should not comprise or contain scandalous or obscene matter
- A design should not be a mere mechanical contrivance
- A design should be applied to an article and should appeal to the eye
- A design should not be contrary to public order or morality
Essential Requirements for
Design Registration
- A design should be Original and new design. This means that it should not have been used or published previously in any country before the date of application of registration.
- A design should be significantly distinguishable from known designs or a combination of known designs
- A design should not comprise or contain scandalous or obscene matter
- A design should not be a mere mechanical contrivance
- A design should be applied to an article and should appeal to the eye
- A design should not be contrary to public order or morality
Eligibility Criteria for
Design Registration
- Any person or the legal representative or the assignee can apply separately or jointly for the registration
- The term “person” includes firm, partnership, small entity, and a body corporate.
- In the case of an NRI, his agent or legal representative need to apply for Design Registration
Validity of
Design Registration
Design registration is valid for a period of 10 years and can be extended for a further term of 5 years with the payment of the necessary fees. The design will lapse if the extension is not done in time, but can be restored in the following manner.
Documents Required for
Design Registration
A certified copy of the original or certified copies of extracts from the disclaimer
Affidavits
Declaration
Other public documents can be made available on payment of a fee.