Design Registration in India

A design is a drawing of a plan or art, either two-dimensional or three-dimensional inclusive of shapes, figures, pattern, elements, lines, patterns, or colors that depicts the look and function of any product or service. Intellectual property refers to the creative aspects of the mind, such as inventions, literary and artworks, designs, symbols, images, etc., that are protected by law. Hence, any company design will be under the company's intellectual property. Patents, copyrights, and trademarks are examples of such intellectual property.

To protect intellectual property, such as the design of a company, from any infringement or theft, the company must register its design at the Patent Office. The design registration will give the owner the legal and exclusive rights to use the design for ten years.

Non-Design Items

• Items that cannot be registered as a Design

• Item whose design is or contains any industrial plans, layouts, and installations

• Flags and emblems or signs of any country cannot be registered

• Mere alterations or changes in the size and orientation or mechanical contrivance of a design

• Design, including buildings and structures

• 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.

• Design should be new or original and not used in any country prior to the date of application.
• 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, implying the bulk production of an article. Articles such as paintings, sculptures, etc., are excluded from registration.
• The design must be visible when applied or applicable to the article for which it is created.
• The design must not contain any laudatory or obscene matter
• It should not be against the public's law and order or morality.
• Photos required of design from all angles.

Documents Required for Design Registration in India

In regard to the Design Registration, the following documents are needed:

• Design must be new or original and not used in any region prior to the date of application.
• 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, implying the bulk production of an article. Articles such as paintings, sculptures, etc., are excluded from registration.
• The design must be visible to the eye when applied or applicable to the article for which it is created.
• The design must not contain any laudatory or obscene matter
• It should not be against the public's law and order or morality.
• Photos required of design from all angles.

Process for Patent Provisional Registration in India

Any person or firm can apply for the registration of the design. Registration can be done through an agent, wherein power of attorney must be filed.

Design Application Filing

Fill out the design registration application form specifying every detail and duly sign the form attaching the following documents:

Representation of the Article

Drawings and plans showing the features of the designs from different views

Novelty Statement

A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, and numerals should be endorsed on each representation sheet, which should be duly signed and dated.

Power of Attorney, if any

Once submitted to the Patent Office, the application form and prescribed fees and documents are taken up for examination. Suppose any defects are found or there are any objections. In that case, the applicant is notified to correct the same and resubmit the application form within the prescribed time mentioned by the officials.

Application Acceptance

An application is accepted when all the requirements are met and is notified in the Patent Office Journal.

Issue of Design Registration Certificate

The Patent Office then registers the design and issues a design registration certificate to the applicant.

Our Assistance in filing the Design Registration in India

We at Registrationwala provide end-to-end solutions for Design Registration. Our services include:

• Collection of information and starting the process
• Drafting the application and proposal
• Reviewing the draft of the proposal and application
• Filing the application
• Assisting you with the follow-up

Registrationwala.com is a leading legal consultancy firm providing comprehensive services relating to Design Registration in India

Contact us if you want to protect your ownership of your design.  

FAQs

Q. Who is a Design Attorney in India?

A. For registration of the design in India, the applicant must submit the application to the office bearer of the Patent Office in India. The office bearer is the Design Attorney of India.

Q. Who offers the best Design Registration services in India?

A. Registrationwala offers the best Design Registration services in India. We have the most seasoned patent experts at our disposal who can leverage our client's requirements.