Design registration offers a shield for your unique design, classifying it as intellectual property and ensuring it's safe from imitation.
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Design registration offers a shield for your unique design, classifying it as intellectual property and ensuring it's safe from imitation. It grants the creator exclusive rights to use the design for a decade, possibly extending it for an additional five years. Hence, Design efiling becomes an essential requirement to secure your original designs legally. LegallensIndia guides you through to register a design in India, ensuring your creations are protected, and your rights are upheld.
Reach out to our experts today and make the Design e filing process smooth and hassle-free.
The Designs Act, 2000, governs design registration and protection in India, and the subsequent Design Rules were introduced in 2001. The introduction of the Designs Act in 2000 served to repeal and supplant the earlier Act from 1911.
The Design Rules of 2001 have undergone amendments, with significant changes made by the Designs (Amendment) Rules in 2008 and 2014. A noteworthy update in the rules under this Act has been the addition of a new applicant category. This new category recognizes 'small entities' as distinct applicants, in addition to individual or natural persons.
As per Section 2(d) of the Designs Act 2001, a design is characterized as the distinctive features encompassing shape, pattern, configuration, composition, or ornamentation formed by lines or colors. This can be applied to any article, whether two-dimensional, three-dimensional, or a combination of both. The application can be achieved through various means, including industrial processes, whether mechanical, manual, or chemical, used separately or in combination. However, the defining factor of a design is its visual appeal when viewed in the final product, solely judged by the eye. It's essential to note that the design does not consider the underlying construction principle or anything that is essentially a mere mechanical contraption.
To register and safeguard a design under the Design Act, 2000, the following core criteria must be met to proceed with Design e filing:
The design should possess a fresh and unique aspect. Only designs with this innovative trait are eligible for registration. Furthermore, combinations of existing designs can be considered, but only if the result presents a distinct visual appeal.
The design must be one-of-a-kind and not previously exposed to the public, either within India or internationally. This means it shouldn't have been previously published, used, or disclosed in any manner.
The design must be attached or applicable to a specific product or object. A standalone design, without relevance to an item, cannot be registered.
The design should not be in conflict with public morals, sentiments, or the security of India. Designs deemed inappropriate by the government or other authoritative bodies won't qualify for registration. It's essential that the design can be registered under section 5 of the Design Act, 2000.
It's important to ensure these criteria are met when seeking to trademark a design under the English language provisions of the Design Act, 2000.
Design registration has certain exclusions and does not encompass everything. The following are explicitly excluded from the purview of Design e filing registration:
The following type of Persons can apply for Design Registration online:
All provisions should be understood and complied with as per the English language stipulations to register a design.
To register a design in India, applicants need to provide the following documentation:
Benefits of registering a Design in India is explained in detail below:
The procedure to register a Design in India is explained in detail below, which includes a design search India, filing, examination, and getting approval:
Start by conducting a comprehensive design registration search of existing designs to confirm the novelty and uniqueness of your design. The process of Design search India helps in evading possible infringement complications.
The application to trademark a design will be drafted and filed, incorporating all requisite documents as mentioned above.
Post-submission, the Indian Design Office will scrutinize your application, ensuring it adheres to all mandatory stipulations.
Upon acceptance of your application, the design is published in the official gazette. This publication offers the general public an opportunity to voice any objections concerning the proposed design registration. Keep track of the design registration status to find any potential objections raised by others.
If no objections arise, or if raised objections are successfully addressed, the Indian Design Office will bestow the design registration. A certificate confirming the registration will be provided, holding validity for a decade.
Following the initial tenure of 10 years, the design registration can be extended for an additional five years.
LegallensIndia expert will guide you through the efiling design and renewal procedure, ensuring the sustained validity of your design registration.
LegallensIndia has a team of experienced professionals adept at navigating the complexities of design registration in India. Our dedicated team will guide you from the initial stages of understanding the significance of your design to the meticulous documentation, efiling design process and design registration status. With our expertise, we streamline the design registration process at affordable design registration cost, ensuring timely submissions and continuous updates.
By choosing LegallensIndia, you opt for a hassle-free, comprehensive approach to safeguarding your design's uniqueness.
Ready to protect and trademark a design? Talk to our Design Registration experts today and start the process!
