Design Registration

PROCEDURE OF DESIGN REGISTRATION

First step is to prepare all the necessary documents required for filing application. These documents include:

Details of applicant
Classification and description of Design
Power of Attorney
Colour photographs of design from different angels
Affidavit
Declarations
Representation of design and representation sheet of an article
Proof of first use and priority (if any)

Drafting of specification of design which is required to be filed along with the application with the Design Office.

Next step is to file the application for Design registration along with the prescribed filing fees. The specification of Design should be duly attested by the Attorney.

After successful payment of fee for Design registration the acknowledgement will be issued by the Design Office.

After the design application is successfully submitted, the Examiner of Design shall conduct its examination to check whether the application and documents satisfies the formal requirements of registration.

The examiner after preparation of examination report shall submits it to the controller. The controller shall analyze the report and check for any objection. In case any objection arises then examination report is issued and applicant is provided time to resolve the objection.

In case no objection has been raised or if any objection is raised and has been resolved by the applicant the Certificate of Design registration will be issued by the controller and is notified in the Patent Office Journal.

Frequently asked questions

What are the minimum requirements for registration of design?

For the enrollment of any design it ought to have following highlights the design ought to be new, novel and original. It ought not be uncovered or distributed in any open gathering earlier. It incorporates just highlights of shape, example, arrangement or ornamentation of an article. Design applied to any article ought to be visible. It ought not be culpable or opposing to public request and ought not contain any disgusting matter.

What are the eligibility criteria to apply for design registration?

Any of the accompanying people can record application for Design enlistment:

Owner of Design.
A Trustee of the owner.
A Specialist or lawful agent if there should be an occurrence of NRI owner.

What is the process for design registration?

The Design registration in India are often wiped out following steps:
STEP 1: Preparation of Documents
STEP 2: Design Specification Drafting
STEP 3: Filing Design Application
STEP 4: Acknowledgement
STEP 5: Examination of Application
STEP 6: Report by Examiner
STEP 7: Design Registration

Specify documents which are required for design registration?

Following documents are required for registration of design:

Power of Attorney.
Classification and outline of Design.
Name, Address and Nationality of applicant and Legal status (in case of non-natural person).
Affidavit Declarations Representation of design and representation sheet of a piece of writing.
Colour photographs of design from different angles.

What are the benefits of design registration?

Exclusive Rights: The proprietor of the registered Design shall have all the exclusive rights to prevent others from using, selling, making, offering for sell or importing the Design.

Intangible Asset: A registered Design is an intangible asset of the proprietor which can be sold, licensed or assigned by the proprietor to the other person or entity.

Legal Protection: The registration of Design provides legal protection to the proprietor for the period of 10 years from the date of filing. This means during the era nobody is allowed to use, sell, offer to sell or import the registered design without the permission of proprietor of registered design.

What are excludes from the scope of design registration?

Literary or inventive work like books, calendars, stamps, tokens, building and structures, maps.
National flags, emblems or signs of any country.
Mere alterations or modification within the size and orientation of style.
Design contains any industrial plans, layouts, and installations.

What is the amount of validity of design?

The registered style is protected for the amount of ten years from the date of filing years (extendable by five years). Throughout the amount of validity the owner of style includes a right to exclude others from mistreatment, making, selling, importation or giving for sell his style, if anyone do thus then he will initiate legal proceedings against him.

What is the transferability of design?

The ownership of Design registration are often transferred through:

Assignment
License Agreement
Transmission

Do the applicant requires to present physically for registration?

No, You are not required to be physically present for the registration process.

Can the design registration be altered?

Alteration in the name, address and contact details of the design applicant is allowed in the Form-22 with the payment of prescribed fees and by submitting certain supporting documents.

Who is eligible to apply for design registration?

Following are the eligible applicant for design registration-

The proprietor, firm and corporate entity of a design.
Agent or legal representative (In the case of an NRI).
An assignee (either separately or jointly).

Difference In All IPR

BASIS OF DIFFERENCE	TRADEMARK Register Now	COPYRIGHT Register Now	DESIGN Register Now	PROVISIONAL PATENT Register Now	PERMANENT PATENT Register Now
PROTECTION	Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others.	Creative or Intellectual Creations It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc.	Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
PROTECTION VALIDITY	10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years.	Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author.	10 Years Valid for 10 years from the date of its registration.	1 Year Validity of Provisional Patent is for 12 months from the date of filing application of Patent. Within 12 months Documents has to file for permanent patent otherwise it will be abandoned.	20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed.
EXCLUSIVE RIGHTS OF OWNER	Brand w.r.t. Product /Services Use of trademark within the applied class. Protection from unauthorized use and give right to sell the brand.	Distribution of Copies & Perform Work Publicly Right to reproduce the work, to perform the work publicly, to distribute copies, to prepare derivative works and to display the work publicly. Copyright owner has authority to assigning, transfer the work by licensing, and other forms of transfers.	Authority to Use, Sell, Make Etc. It gives authority to Use, sell, make, offer for sell, import the registered design.	Protection from copy of idea Protect from copy of the invention or infringement of Patent.	Authority to Use, Sell, Import Etc. Provide right to Use, sell, import, make with patented idea.
APPLICANTS	Businesses Application made by business owners or owners of product.	Artists, Creative Professionals Artists, Author, Choreographers, Creative Professionals, Architect.	Designer Creator of design.	Inventor Many inventors/businesses who wish to patent their inventions even before they are finalized through a provisional patent.	Inventor Application by Inventors and designers who invented any original invention or with improved function.
SYMBOLS ASSOCIATED	TM & ® TM -Registration under process. ® – Registered Trademark.	© © is the symbol of copyright.	NA No symbol to represent Design.	NA No symbol to represent provisional Patent. Can use tag 'Patent Pending' on product any time in 12 months.	NA No symbol represent registered Patent.
EXAMPLE	Brand’ “Apple ”, Logos – the Half Cut Apple Puma, Dairy Milk, Coca Cola etc. are the brand names.	A Copyrighted Book Music, pictures, songs, darling etc.	Ornaments Packaging and shape, graphic symbols, composition of lines etc.	Technology Inventions in pharmaceutical industry.	Technology New computer programs inventions. New invention in pharmaceutical industry.
TIME TAKEN	12-18 Months It takes 12-18 months to complete the process.	4-8 Months It takes nearly 4–8 months to get a copyright. (Without objection) Otherwise nearly 1–2 years.	Prescribed As per the Design Act, 2000 and rules made there under.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.
TERRITORIAL REACH	Territorial Right Only effective in India and separate application has to file for protection in different countries.	Most of Countries Available in most of the countries of the world.	Territorial Right Design protection is obtained by filing an application in each country/region of interest.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.
GOVERNING BODY	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	Copyright Office Governed by Copyright Office, Government of India.	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).

Identity Proof

Classification and description

Representation

Power of Attorney

Affidavit

Declarations

Photographs Of Design

Register Your Design Now

DOCUMENTS REQUIRED FOR DESIGN REGISTRATION