Design Registration

Meaning of Design

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.

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

Procedure

  •  Finding out whether any registration already exist 

           Claiming a priority date (optional)

  • Preparing a representation of the design

Determining the fee to be paid

  • Identifying the class of design

Ensuring all enclosures are attached

  • Providing a statement of novelty

Complying with objections (if any)

  • Including a disclaimer

Providing full details

Documents required