Design Registration

Design registration protects a product’s unique appearance, shape, pattern, or ornamentation, granting exclusive rights and preventing unauthorized copying.
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Meaning of Design

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Ever wondered what fashion designers or product designers do to safeguard their design? The answer is simple they get their Design protected under the Design Act 2000. Now, not everything can be registered under the Design Act, according to Design Act, a Design refers to any article in two or three-dimensional forms (or both) which comprises the features of shapes, patterns, ornamentation, or composition of colors and lines such as cutlery, dress, rocking chair, bottle, apple Ipod etc. The important purpose of design Registration is to see that the creator, the originator of a design having an aesthetic that is not dispossessed of his bonafide reward by others applying it to their goods.

Design registration does not apply to any items that are covered under the Trademark or Copyright Act. For e.g. stamps, labels, tokens or cards can’t be registered under the Design Act as the ornamentation is removed and it ceases to be referred to as an article. Articles must have their existence independent of the Design applied to them.

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Sample Design Registration

Things that cannot be registered as design

  • Flags and emblems or signs of any country cannot be registered
  • Item whose design is or contains any industrial plans, layouts, and installations
  • Design including buildings and structures

  • Mere alterations or change in the size and orientation or mechanical contrivance of a design

  • Labels, cartoons, cards, or tokens that can be made as part of an article

  • Books, jackets, calendars, certificates, forms, maps, greeting cards, pamphlets, stamps, medals, etc.

Eligibility Criteria for Design Registration in India

The following are the requirements to meet before applying for design registration

Design should be new or original and not used in any country prior to the date of application.

The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.

The design should be applied or applicable to any article by any industrial process, implying the bulk production of an article. Articles such as painting, sculptures, etc., are excluded from registration.

The design must be visible to the eye when applied or applicable to the article for which it is created.
The design must not contain any laudatory or obscene matter
It should not be against law and order or morality of the public.
Photos required of design from all angles.

Procedure

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1

Finding out whether any registration already exist :- Claiming a priority date (optional)

2

Preparing a representation of the design:- Determining the fee to be paid

3

Identifying the class of design:- Ensuring all enclosures are attached

4

Providing a statement of novelty:- Complying with objections (if any)

5

Including a disclaimer:- Providing full details

Documents required

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  • Full name/ address and nationality
  • Power of attorney if required
  • Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000
  • Photos required of article from 4 / 7angles,3 copies of each views.