Design Registration in India ?

Design registration in India is a way to protect the unique look and appeal of a product that has been created by an individual or business. The registration process ensures that the product is identified as being uniquely created and is protected from duplication by other entities. The process involves submitting an application to the Office of the Controller General of Patents, Designs, and Trade Marks, which is part of the Indian Government's Department of Industrial Policy and Promotion. The applicant must provide proof of creation, including photographs, descriptions and sketches, and pay the associated fees. Once approved, the design will be registered and protected for a period of ten years.

Design registration in India has the following key highlights: 

A design registration provides the creator with a monopoly right to commercially exploit the design. 

The registration is valid for a period of 10 years and is renewable for a period of 5 years.

The design registration is subject to a grant fee and renewal fee. 

Protection under the design registration is territorial, meaning it is valid only in the jurisdiction in which it is registered.

The registration process takes up to 18-24 months to grant.

It is mandatory to file a Statement of Novelty and Produce Representations along with the design application.

The design must be distinctive and not be derived from existing designs. 

The design must not conflict with existing copyright or other designs.

The documents required for design registration are as follows:

  • Power of Attorney
  • Form-1 (Application for registration of design)
  • Representation of the design
  • Priority document
  • Declaration of Novelty
  • Statement of Novelty
  • Deed of Assignment (if applicable)
  • Copy of foreign registration certificate (if applicable)

In order to be eligible for the design registration in India, you must meet the following criteria

  • Your design must be new and original.
  • It must be capable of being defined graphically.
  • It must not be a mere mechanical device.
  • It must not be a merely a method or a process.
  • It must not be a computer program.
  • It must not be a mere discovery or scientific principle.
  • It must not be a literary, dramatic, musical or artistic work.
  • It must not be a mere scheme or rule.
  • It must not be a mere business operation or a mental act.
  • It must not be a mere representation or information.

The process for design registration in India is as follows:

  • To register your design, start by uploading the necessary documents and information on our website.
  • Afterwards, get in touch with our business advisor for the design registration form.
  • Our team will verify the validity of the documents and information provided. Then, proceed with the online payment via any available payment methods.
  • The form will be filled as per the details of your product.
  • After verification, the Controller of Design will issue the Design certificate.

Advantages of Design Registration

  • It provides legal protection for the design of the product.  
  • It secures the exclusive rights to the design of the product.  
  • It also creates a legal presumption that the design is owned by the registered owner. 
  • It gives the owner the right to make and sell the design.   
  • It gives the owner the right to stop any unauthorised use of the registered design.  
  • It prevents imitation of the design of the product.    
  • It helps establish the ownership of the product. 
  • It can be used to enforce the rights of the registered owner against the infringer in court.

To be eligible for design registration in India, the following criteria must be met

First

The design must be new and original. The design must not be published anywhere else before.

Second

The design must be capable of being applied to an article. The design must not be primarily functional.

Third

The design must not be offensive in nature. The design must not be contrary to the law of the country. The design must not be in the public domain.