The owner gets exclusive rights against any unauthorized copying or imitation when they register their design. It can also help make the product more saleable, helping consumers identify the product with the brand. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions:
· Design should be unique and novel. This means that it should not have been used or published in any nation prior to the date of the registration application.
· The features expressed by shapes, patterns, configuration, composition, or ornamentation that are applied to a product are important.
· One enjoys the design with their eyes. It does not make a difference what methodology or approach the owner implemented to create and apply the work.
· It should not include any works of art, trademarks, or property markings.
· There must be significant variations between your design and other designs previously registered. Designs that stand similar or resemble already existing designs do not qualify for registration.
The following is the method for making an application for a design registration
· The applicant submits the application with Form-1 and includes the following information:
1. Name of the applicant
2. Address of the applicant
3. Nationality of the applicant
4. If the applicant is not a natural person, then it must include information on the place of incorporation and the legal status of the business.
5. Necessary applicable fee.
· The article embodying the design’s class and sub-class according to the Locarno Classification.
· They must write the name of the product on which they apply the design.
· Representation of the design: If the design is two-dimensional, the applicant must present two copies of the design. If the design is three-dimensional, the applicant must present three copies of the design. They must show one from the front, one from the back, one from the top, one from the bottom, and one from each of the two sides. The applicant must highlight the distinguishing traits of the design that set it different from other existing designs.
· The applicant must ensure that each class of registration has its own application. They do this in cases where they register the design under more than one class.
· Applicant must make disclaimer or originality remark, and depict mechanical means, trademarks, numbers, letters, and so on. They (or an authorized person on their behalf) must endorse, sign, and date each representation.
· After submission of the application, the patent office will analyze it and, if necessary, present objections. The patent office grants the design a copyright certificate. They do so after they dismiss or address all possible objections.
· The design registration will be valid for ten years from the date of registration.
· The applicant, on applying through Form-3 and paying a charge of Rs. 2000, may extend the registration for another 5 years.