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Design Registration
Overview
Overview on Design Registration
A general view on what is meant by the term design? A plan that is driven for construction of an objects, systems, set-ups, structure, etc is called as designs. The examples of such designs are as follows: engineering drawings, industrial design, sewing and clothing patterns, business structures of an organisation, architectural and product blueprints, etc. It is mainly a plan stating the process of production and its development. For example, a blueprint or a layout of a restaurant.
The plan is mainly made for a goal concerning whatsoever motive such as economic, social, political, functional etc. The person who makes the plan is called designer and it also has a variety within it example fashion designer, product designer, web designer, concept designer, interior designer or by any individual.
A design is very important part for any organisation because it basically serves as a base for an organisation without which an organisation cannot be build. The process of designing may consist parts and sub parts. It may be a simple sketch or else a lengthy and complicated structure involving research and expertise or advance re-designs and models of previous designs.
The term design has been known as applied arts in today’s world. It compels many individuals for its studies and is seen as a profession involving specific qualification and eligibilities.
Essential requirement
What are the essential requirements for the registration of ‘design’ under the Designs Act, 2000?
The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
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.
The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.
Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be considered for registration of design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.
The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.
Necessity
Why it becomes so necessary to register a design?
Design registration grants ownership to the individual, firm, or organization. Design registration facilitates protection to the product which is subject to imitation, piracy, and infringement. It provides a right to authorize third parties who makes use of it. It provides a distinctive feature to the product. It becomes easy for the seller to sell the product without explaining its detail as design registration proves its standardization and grading. It makes the product more appealing and attractive to prospective buyers.
Design registration makes a mere design turn into intellectual property.
Such registration helps the product in gaining its awareness in the market before its launch which serves as a basis for advertising. It provides a competitive edge to the entity.
Documents required for Design Registration
Application duly filled in on the prescribed form (Form-1) along with the prescribed fees, stating name in full, address and nationality, name of the article, class number, and address for service in India. The application shall also be signed either by the applicant or by his authorized agent. For small entity, Form 24 & documentary evidence thereof have to be submitted along with Form 1 and representations.
Representation (in quadruplicate on durable paper of size 210mm x 296.9 mm with a suitable margin) of the article where drawings, photographs, tracings, or other representations including computer graphics should clearly show the features of the design from different views.
A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated. (Please see guidelines for the preparation of representation sheet in subsequent sections).
Power of attorney
Priority documents (if any) in case of convention application claimed under Section 44 of the Designs Act, 2000.
Process
Processing of applications for Registration of designs
Every application for registration of design In India undergoes an examination of the Act and Rules as amended from time to time.
Defects or objections in the application, if any, noticed during the examination of the application are communicated to the applicant or to his agent at the address for service.
The time period for removal of the objection, pursuant to the examination report, is six months from the date of application which may be extended up to further three months on a request made with the prescribed fee before expiry of the stipulated period of six months.
An application which owing to any neglect or default of the applicant has not been completed within the stipulated time shall be deemed to be abandoned.
Acceptance & Notification
An application is accepted when all the shortcomings have been rectified. It is then notified in the Patent Office journal which is published on every Friday
Refusal
In case the defects as required by the Controller are not rectified, a hearing will be provided to the applicant. After hearing the controller shall decide whether the application should be accepted or not. The decision of the Controller will be communicated in writing to the applicant or his agent stating the reasons for the decision.
Appeal
Any person aggrieved by the decision of the Controller refusing to register a design may appeal to the High Court. The appeal should be made within three months from the date of the Controller’s decision.
Abandonment
An application which owing to any neglect or default on the part of the applicant has not been completed so as to enable registration to be effected within six months or within the extended period will be treated as abandoned.
Startup sampark procedure for trademarks registration.
Designs registration is very detailed procedure, which requires keen knowledge, procedure and team of professionals. Each Designs application has its tailored requirements. We at Startup Sampark have a full-fledged, dedicated team of professionals. You are required to fill the form and our expert will reach out to you, to know the exact requirement and gather information. Then our experts at STARTUP SAMPARK will be at your disposal for assisting you with guidance concerning Designs Registration and its compliance. Our professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process. We shall guide you with Do’s and Don’t’s as well. We will begin working on your request once all the information is provided, and the payment is received.
Why STARTUP SAMPARK?
Startup Sampark is one of the platforms which coordinates to fulfil all your Secretarial, Legal, Licensing and Taxation requirements and connect you to consistent professionals. Our team consist of Chartered Accountants, Company Secretaries, Cost Accountants, Advocates, Patent and Designs Agents, Trademarks & Copyright Attorneys.
We are a management consultancy and technology platform to simplify legal and business related matters. We are committed to help start-ups, small business owners and non-compliant businesses in solving their legal, secretarial and taxation compliance related to setting up and running the business smoothly and compliantly.
Our clients can also track the assignment progress at all times through a dedicated portal provided to you along with User Id and Password. You can comment and find the resolution and ask questions on the dedicated portal provided to you. If you have any questions about the Designs registration process, our experienced representatives are just a call away.
- Step 1: Fill the query form.
- Step 2: Our Expert will connect with you
- Step 3: Make payment through hassle free payment portal
- Step 4: Get confirmation on mail and receive User Login and password
- Step 5: Submission of documents with us on our client portal
- Step 6: Executive will process your application
- Step 7: Track progress of your order all the time on our client portal
- Step 8: Greetings, Order completed
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FAQs
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
Under the Designs Act, 2000 the “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.
Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it. So, the Design as applied to an article should be integral with the article itself.
When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant.
The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.
Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design.
No, design means a conception or suggestion or idea of a shape or pattern which can be applied to an article or capable to be applied by industrial process or means. Example- a new shape which can be applied to a pen thus capable of producing a new appearance of a pen on the visual appearance. It is not mandatory to produce the article first and then make an application.
First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.
The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
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.
The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.
Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.
The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.