A registered design grants the owner exclusive rights against any unauthorized copying or imitation. 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. It should be the first of its kind, never used or published in any nation prior to the date of application for registration.
· The features expressed by shapes, patterns, configuration, composition, or ornamentation that are applied to a product are important.
· We enjoy the design only with the help of our eyes. Hence, it does not make a difference what approach or methodology the creator applied in their 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 must submit the registration with Form-1 and include the information mentioned below.
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. The applicable fee.
6. The article embodies the design’s class and sub-class according to the Locarno Classification.
7. Name of the product where they apply the design.
8. Representation of the design: If the design is two-dimensional, two copies of the design must be presented. If the design is three-dimensional, three copies of the design must be presented, 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.
9. The creator may register the design in more than one class. However, they must see to it that each class of registration has its own application.
10. A disclaimer or originality mark must depict mechanical means, trademarks, numbers, letters, and so on. The applicant, or an authorized person on their behalf must endorse, sign and date each representation.
11. After submission of the application, the patent office will analyze it and, if necessary, present objections, and have them dismissed or resolved. The Patent Office will then grant the design a certificate of copyright.
Duration of design protection in India after registration
The duration of design registration in India after registration is 10 years from the date of registration. If one applies through Form-3 and pays a fee of Rs. 2000, they may extend the registration for an extra 5 years.
Design Registration fees in India
The design registration fee in India is Rs. 1,000 for an individual. In the case of a small entity, the registration fee is Rs. 2,000 and for other entities it is Rs. 4,000.