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Design Registration
As per Design Act, 2000, design means shape, pattern, ornament, the composition of lines, color, or any other aesthetic aspect of a product or article that can be seen and judged by the eyes. It does not refer to any method or principles used to create the design. The design can be either two or three dimensional. So, getting a design registered makes it the exclusive property of yours for 10 years that can be further extended for 5 years.
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Overview of Design Registration
As per Design Act, 2000, design means shape, pattern, ornament, the composition of lines, color, or any other aesthetic aspect of a product or article that can be seen and judged by the eyes. It does not refer to any method or principles used to create the design. The design can be either two or three dimensional. So, getting a design registered makes it the exclusive property of yours for 10 years that can be further extended for 5 years.
For getting a design registered, it must be new and original, it should relate to features of shape, configuration, pattern or ornament applied to an article, it must be applied to any article by an industrial process and the design must be visible and should appear on an article, Not be controversial, offending, obscene, or contradictory to public order, Not have been disclosed to the public or published anywhere.
Design registration is not mandatory but it is advised to get registered to protect its uniqueness and originality. So, our professionals will help you in getting your design registered.
Advantages of Design Registration
| Exclusive use | By registering your design, you will get exclusive rights over the new and original design restricting another person without approval. |
| Asset | Like any other intellectual property, the design is an asset of the proprietor/owner which can be transferred or sold out by the owner. |
| Legal Benefits | The owner can in case of infringement initiate a legal proceeding against third-party for infringing any rights of the owner. |
| Evidentiary Value | The registration certificate serves as a prima facie evidence in an infringement suit. |
Registration Process of Design Registration
Step 1: Application Preparation: After getting the required information & documents, our professionals will prepare your registration application in 2-3 working days.
Step 2: Filing With Registrar: We will file your design registration along with the supporting documents then you will receive a design number and a copy of your application, which is to be duly signed and sent back to the department. It will take 2-3 Working days.
Step 3: Processing: Your application will be then be processed & examined by the Design Wing of the Patent Office. Generally, it takes 10-15 days but may be extended if any objection is raised
Documents Required of Design Registration
1. Power of attorney
2. Four copies of the Design rendering (drawing /photograph/tracing), which is to be exactly similar to the design to be registered.
3. Details of the design, including, proof of first use and priority (if any).
FAQ's on Design Registration
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