Design Registration Online in India

Design Registration Online in India

Lawdef- Design Registration Online in India

Trademark Registration, copyright Registration and the patent registration are some of the common Intellectual Property rights that you all may have heard of. However, one other important intellectual property right is Design registration.  There are some categories of unique work that can only be protected with design registration.  The designs Registration in India is regulated by the design Act 2000. According to the rules and regulations stipulated in this act every design fulfilling the required condition can be registered in India and enjoy the exclusive status. Due, to the unpopularity of the concept many people are unaware about the various aspects design registration. To provide aid to such people here we will be outlining the various aspects relating to the design registration in India.

What is design Registration?

For the purpose of Design registration online the design shall mean the shape, configuration, patterns, ornament, composition of lines, combination of color applied to an article. The design can be given to the article by the use of any industrial procedure, manual or chemical procedure that makes the article distinguished from others and can be easily judged by the eye.  However, the design for this purpose shall not include any process or the article that is merely a mechanical device or is a trademark.

Who all can apply for Design Registration?

The proprietor or the owner of the design can make the application for the design registration in India. Following are the categories of people who can be considered as the owner of the said design and can apply for Design Registration in India –

  1. The author of the design
  2. A person who has legally acquired the design
  3. The person or the entity on whose behalf the design was created.
  4. The person to whom the exclusive powers of design registration has been transferred.

Documents required for design Registration

  • A certified copy of the original or certified copies of extracts from disclaimers
  • Affidavits
  • Declarations and
  • Other public documents can be made available on payment of a fee

Procedure of filing the design registration

  1. Filing the Design Registration Application – To begin with the procedure of design registration an application is required to be made through the online mode or the offline mode. Along with the application three copies of the work shall also be filed with the department. It is of utmost importance to practise full diligence while preparing the filing the application so as to avoid any objections in the future. Thus, it is highly recommended that the professional assistance must be taken regarding the same.
  2. Examination of the application – Once the application is filed the application is referred to the examiner of designs for ensuring that the design applied is eligible for registration and the application made fulfils all the formal requirements. At this stage usually a formality check is done considering the format of the application, the applicant details, declaration of proprietor and power of authority etc are submitted. If the examiner finds any fault in the above aspects he may give a formality check fail on the application and the same shall be communicated to the applicant.  The applicant is required to respond to the same within the period of 3 months otherwise the application will stand withdrawn.
  3. Substantive Examination – Once the formality check is done the application is passed for the substantive examination. At this stage it is checked whether the design applied is unique or not and is capable of getting registered or not. If the design applied is not unique the objection may be raised by department to which the applicant is required to respond within the period of 3 months. In case the examiner is satisfied with the reply filed he may forward the application for publication or in the other case the applicant will be required to attend the hearing and present his case.
  4. Registration – If the examiner is satisfied with the representations made by the applicant he can grant the registration certificate for the same. The design applied will be registered in this manner and the same shall be published in the journal.
  5. Design register – The design once registered is entered into the register of registered designs by the appropriate officer.

Registration of Design Registration

The design registration once obtained is valid for the time period of 10 years and if the applicant desires an extension can be sought for further 5 years.

In this manner the design registration can be obtained in India by owner of the unique design. Thus, if the person own any unique creation,  first he must ascertain that whether his work come under the category of Trademark Registration , Copyright Registration, patent registration or design registration.  Once you have chosen the right registration you can start the procedure.