Overview of Design Registration

In legal terms, the features or the characteristics of a shape, any pattern, arrangement, ornament, configuration, combination of colors or any framework of lines to any article is known as design. It is the special visual impression that gives the product a distinctive look. It is really important for the businesses to take protection against their designs with the help of Design Registration. By obtaining this registration you not only protect your design but also make sure that your business will not be copied by any other competitors by using similar kinds of designs in which your business deals in.

Understanding of Definition of Design

Design is all about the visual features or elegance of a product. These features confine qualities like the shape, pattern, ornament, configuration, composition of lines or combination of colors applied to any article. The essential element is that a design is a special visual appearance of a product which gives it a distinct look from the rest.

What do you Mean by Design Registration?

Design Registration in India involves a number of steps that include application filling, examination, publication and registration. After overcoming all the opposition and objections in the examination, finally, the design gets registered and a certificate of registration is issued. Design registration in India is very important for the protection of the visual aspects of the product, encouraging innovation, cultivating creativity in different sectors and protecting the copyrighted property rights of designers.

Governing Law of Design Registration in India

Registration of all types of designs in India has been governed by the Designs Act of 2000. This law of 2000 is the primary law that governs registration of designs in India. With this law there are certain rules as well which contribute to the registration. These rules came in 2001 after which witnessed two key amendments in 2008 and 2014. Before the 2000 law design registration had been governed by the 1911 laws which were repealed after the introduction of the Design Act of 2000.

Basic Requirements to Register a Design in India

To register Design in India, the product must fulfill eligibility criteria as mentioned below:

• Novelty
• Non-obliviousness
• Industrial applicability
• Exclusions and applicant eligibility
• The design must be an original and new one.
• It should not have been publicly disclosed or published anywhere in the past or before the date of registration.
• The design should be a unique and creative one
• Should not be a mere common design.

Exclusion from Design Registration

Following cannot be register as design in India:

• Designs dictated solely by technical function.
• Designs contrary to public policy or morality.
• Designs lacking novelty or originality.
• Designs primarily dictated by product function.
• Mere variants or adaptations of existing designs.
• Designs not visible during normal use.
• Designs lacking industrial applicability.

Who can Obtain Design Registration in India?

Following can apply for the registration of design in India:

• Individuals who are Indian citizens or residents.
• Legal entities formed under Indian laws.
• Foreign entities meeting specific criteria (e.g., having a place of business in India).
• Assignees or legal representatives of the design.
• Agents or attorneys appointed by the applicant.

Different Types of Design Registration in India

There are two types of design registration in India which are:

• Ordinary Design Application

The Ordinary Design Application is the standard design registration in India as this safeguards any original or new design when applied to any article. Initially, the duration of protection is ten years from the date of registration which can be extended up to five years which is subject to renewal fees.

• Convention Application

This type of application is useful in convention countries when a registered file is based on a previously filed application. For example, if an applicant has filed an application in the Paris Convention for design registration to which India is a party, then the applicant can claim its priority within a period of six months in India from the date when the application was first filed.

Benefits of Obtaining Design Registration in India

Design Registration in India is very beneficial for designers, businesses and industries as it ensures the following:

• Legal protection comes up with the registration
• Promotes market advantages
• Serves as a deterrent to potential infringes
• Seeks monetary remedies in case of infringement
• Enables owners to obtain injunctions to prevent further infringement. 
• This can also be a valuable asset for business. 
• Design Registration also provides licensing opportunities and international protections. 
• It also promotes innovation and creativity and boosts consumer confidence.

Documents Required for Design Registration in India

Documents required for Design Registration in India are:

• General details including the name and address of the applicant
• Representation and Description of the design
• Classes and articles to which the design relates
• Priorities claimed(if applicable)
• Power or attorney and declaration of proprietorship
• Proof of the payment of prescribed application fees
• Other supporting documents

Process of Obtaining Design Registration in India

The process of Design Registration in India involves the following steps:

• Preparation of Application

At first, the applicant has to prepare all the necessary information and documents containing description, design, priorities claimed and article and class to which the design relates.

• Filling of Application

The next step is to submit the application for design registration to the Design Wing of the Controller General of Patents, Designs, and Trademarks (CGPDTM), which is part of the Department of Promotion of Industry and Internal Trade (DPIIT).

• Examination

After this, the application is examined by the Design Wing to determine its compliance with the requirements of the Designs Act, 2000 and the Design Regulations, 2001 for the examination and assessment of novelty, industrial applicability and non-obliviousness of the design.

• Miscellaneous Steps 

Publication in the Official Gazette for public scrutiny has been done after all the steps given above will be completed. Once the publication has been done opposition proceedings, if applicable will be initiated, if not then you will get the registration. Duration of protection which is an initial period of ten years from the date of registration, which can be renewed for an additional five years on payment of renewal fees and registration.

Renewal Process of Design Registration in India

The steps for the renewal process of design registration in India are:

• Renewal application to the (CGPDTM) under the Department of Industrial Policy and Promotion(DIPP)
• The timing of renewal should be taken care of as it is suggested to fill out the renewal application before the date of expiration.
• Renewal application must be submitted on time along with the proof of payment of prescribed fees.
• Examination and grant by CGPDTM
• Publication and Maintenance of Records

How much time will it take to register a Design in India?

Usually, the Design Registration in India can take about 6 months to two years or more depending on various factors like opposition or preparation or documents. Hence the exact timeframe cannot be given. It completely depends on the complications of the procedure. Sometimes it takes more time and sometimes less. But one thing that we can ensure is that you will get the protection against your design as early as possible. 

What is the right time to register your Design in India?

Generally there is no such thing as right time or wrong time for the registration of your IPR. The moment you created something that comes under the ambit of Intellectual Property then you should register it. Usually the right time for the registration of Design in India is that it must be filled before its commercialization or any display public. It should be done as early as possible.

Is it mandatory to get your Design registered in India?

It is not mandatory to register your design but one can gain a number of benefits by registering their designs as the registration certificate itself serves as a valid substitute for ownership documents and gives elusive commercial rights. Hence for the safety of your Intellectual Property as well as business you must obtain Design Registration as per the laws in India. 

Why Choose Whizseed for doing Design registration?

The Whizseed services for design registration provide expertise, comprehensive support, efficiency, tailored advice, and continued support and are also cost-effective. It is important to assess the specific requirements and consider the benefits of working with highly skilled service providers. Because of the following reasons you must choose Whizseed in order to obtain your Design Registration in India. 

• Expertise: Whizseed specializes in design registration services.
• Efficiency: They navigate the registration process quickly and effectively.
• Legal Compliance: Ensure your registration adheres to all legal requirements.
• Protection: Strengthen your legal protection against infringement.
• Tailored Solutions: Customized advice based on your unique needs.
• Peace of Mind: Trust professionals to handle the process, giving you confidence.