Design Registration
For a single article, design registration in India for individuals or MSMEs involves a government fee and a professional service fee, to which applicable GST is applied. The official fee for MSMEs is twice that for an individual applicant.
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Design Registration in India: Protecting Your Unique Creations
Design registration is a vital form of intellectual property (IP) protection in India, safeguarding the unique visual features of an article from imitation. Governed by the Designs Act, 2000, and the Designs Rules, 2001, this process grants the creator exclusive rights to use their design for a period of 10 years, with a possible extension of an additional five years.
At FileMyFirm, we specialize in guiding individuals and businesses through the entire design e-filing process, ensuring your creative work is legally protected.
What is a Registrable Design?
Under the Designs Act, 2000, a “design” is defined as the unique features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article. The key criterion is that the design must have a visual appeal that is judged solely by the eye.
Basic Requirements for Registration:
To be eligible for registration, a design must satisfy the following criteria:
- Novelty and Originality: The design must be new and original. It should not have been previously published or disclosed in India or any other country. Even a combination of existing designs can be considered new if the final result has a distinct visual appeal.
- Application to an Article: The design must be applied to a specific article through an industrial process. A design that exists only as a concept or drawing and is not applied to a physical product cannot be registered.
- Non-Disclosure: The design must not have been previously exposed to the public through publication or use anywhere in the world before the filing date.
- Exclusions: Certain items are explicitly excluded from design registration, including literary or artistic works, architectural structures, maps, and national symbols.
Who Can Apply for Design Registration?
Any person, including an individual, a firm, a partnership, a “small entity,” or a company, can apply for design registration. Non-resident Indians can also apply through an agent or a legal representative in India.
The Design Registration Procedure
The process to register a design in India involves several key steps:
- Design Search: Before filing, it is highly recommended to conduct a comprehensive search to ensure your design is new and original. A search of the existing design register helps prevent potential rejections.
- Application Preparation and Filing:
- The application must be filed on the prescribed form (Form 1).
- It must include the applicant’s details (name, address, status) and a detailed description of the article and its classification.
- The application must be accompanied by a minimum of four views (images or drawings) of the article, showing the design from all relevant angles.
- The filing can be done online through the official e-filing portal of the Controller General of Patents, Designs and Trademarks.
- Examination: The Designs Office will examine your application to ensure it meets all legal and formal requirements. The examiner will verify if the design is new, original, and not prohibited from registration.
- Official Gazette Publication: Upon acceptance, the design is published in the official gazette. This publication allows the public to raise any objections to the registration.
- Registration and Certificate: If no objections are raised or if they are successfully addressed, the Designs Office will grant the registration and issue a certificate. The registration is valid for 10 years from the date of filing.
Renewal: The registration can be renewed for an additional five years by filing a renewal application and paying the prescribed fee.
Benefits of Design Registration
Registering a design offers several significant advantages for businesses and creators:
- Legal Protection: It provides a legal shield against design infringement, giving you the exclusive right to use, sell, and market products featuring your registered design.
- Competitive Advantage: A registered design makes your product visually distinct from competitors, helping you secure a unique market position.
- Increased Commercial Value: A registered design is a valuable IP asset that can enhance the overall worth of your business.
- Licensing Opportunities: You can license your registered design to others, creating an additional revenue stream.
How FileMyFirm Can Help
Navigating the intricacies of design registration can be complex. FileMyFirm provides end-to-end assistance, including:
- Conducting a thorough pre-filing design search.
- Preparing and filing the application with the Designs Office.
- Liaising with the authorities and responding to any objections.
- Managing the entire process to ensure a smooth and timely registration.
Ready to safeguard your unique creations? Contact FileMyFirm today to get started with your design registration.
Frequestly asked questions ( FAQ )
Under the Designs Act, 2000, a registrable design refers to the unique visual features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article (product) through an industrial process. The key criterion is that the design must have a purely visual appeal that is judged solely by the eye. It must not be merely a functional feature.
To be eligible for registration, a design must satisfy three primary criteria:
Novelty and Originality: The design must be new and original. It should not have been previously published or disclosed in India or anywhere else in the world before the filing date.
Application to an Article: It must be applied to a specific physical article through an industrial process; a design that only exists as a concept cannot be registered.
Non-Exclusion: It must not fall under the statutory exclusions, such as literary or artistic works, architectural structures, or national symbols.
The initial period of protection granted upon registration is 10 years from the date of filing the application. This registration can be renewed for an additional five years by filing a renewal application and paying the prescribed fee, bringing the maximum total protection period to 15 years.
Any person can apply for design registration in India. This includes:
An individual (creator/author).
A firm or a partnership.
A “small entity” (like MSMEs).
A company.
Non-resident Indians can also apply through a legal representative or agent in India.
The application must be filed on the prescribed form (Form 1), along with the required government fees. The critical documents and information include:
The applicant’s details (name, address, status, etc.).
A detailed description of the article and its classification.
A minimum of four views (images or drawings) of the article, clearly showing the design from all relevant angles.
After filing, the process involves three main steps:
Examination: The Designs Office examines the application to ensure it meets all legal requirements (novelty, originality, non-prohibition).
Registration and Publication: Upon acceptance, the design is registered and then published in the official gazette.
Certificate: If no objections are raised, or if they are successfully addressed, the Designs Office will issue the official registration certificate.