How IndiaFilings can help in Design Registration

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IndiaFilings has a team of experienced professionals adept at navigating the complexities of design registration in India. Our dedicated team will guide you from the initial stages of understanding the significance of your design to the meticulous documentation, efiling design process and design registration status. With our expertise, we streamline the design registration process at affordable design registration cost, ensuring timely submissions and continuous updates.

By choosing IndiaFilings, you opt for a hassle-free, comprehensive approach to safeguarding your design’s uniqueness.

Ready to protect and trademark a design? Talk to our Design Registration experts today and start the process!

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What’s protected	Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another.	Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection	A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.	A fresh, valuable, and unusual invention is required.	A work must be unique, original, and created in a tangible manner.
Term of protection	As long as the mark is used in commerce.	20 years	Author’s life span+ 70 years.
Rights Granted	Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin.	Right to restrict others from manufacturing, selling, or importing the patented invention.	Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Documents Required For Design Registration

Incorporation CertificateCertificate of Incorporation or the registration of an entity certificate

MSME Certificate

Six angles pictures of Design

Design Registration FAQ’s

What is design registration?

Design registration protects the unique visual appearance of products, granting exclusive rights to the creator for 10 years, extendable by 5 more years.

What law governs design registration in India?

The Designs Act, 2000, and the subsequent Design Rules, 2001, along with amendments in 2008 and 2014, govern design registration in India.

How is a ‘design’ defined under the Designs Act, 2001?

A ‘design’ under this act includes the shape, pattern, configuration, or ornamentation that gives a product its unique appearance and visual appeal.

What are the key requirements for design registration?

A ‘design’ under this act includes the shape, pattern, configuration, or ornamentation that gives a product its unique appearance and visual appeal.

Can literary or artistic works be registered as designs?

No, literary or artistic works, architectural designs, maps, and national symbols are excluded from design registration.

Who can apply for design registration in India?

Individuals, legal representatives, firms, partnerships, small entities, and corporate bodies, including NRIs through representatives, can apply.

What documents are needed for design registration?

Documents include the applicant’s details, legal status, startup certificate (if applicable), article description, and visuals of the design.

What benefits does design registration offer?

It provides legal protection, a competitive edge, ensures originality, appeals to customers, and encourages innovation.

What is the design registration process in India?

The process involves a design search, application filing, examination, publication in the official gazette, and upon approval, registration.

What is the design registration cost?

The design registration cost depends on several factors, including the type of applicant (individual, small entity, or others), the number of designs being registered, and whether professional services are used.

Is design registration renewable?

Yes, design registration is initially valid for 10 years and can be renewed for an additional 5 years.

How does design registration protect against infringement?

It gives the owner legal rights to prevent others from copying or closely imitating the design.

What is the significance of the ‘small entity’ category in design registration?

It provides a distinct applicant category with possibly different fees and considerations, encouraging small entities to protect their designs.

Can a design be registered after being disclosed publicly?

No, a design must be kept confidential until registered; public disclosure before filing can disqualify it.

How are designs classified for registration?

Designs are classified according to the product category they are applied to, based on a predefined classification system.

What is the role of visual representations in design registration?

Visuals are crucial as they demonstrate the design’s appearance from multiple perspectives, aiding in the examination process.

Can foreign nationals or entities apply for design registration in India?

Yes, foreign nationals or entities can apply, typically through an authorized agent or legal representative in India.

How does design registration encourage innovation?

By protecting new and original designs, it motivates creators to develop unique products without fear of imitation.

What happens if a design registration is opposed?

If opposed, the matter is examined, and a decision is made based on the merits of the opposition and the originality of the design.

Can a registered design be revoked?

Yes, a registered design can be revoked if it is found to not meet the necessary criteria, such as originality or novelty, post-registration.

Can a registered design be sold or licensed?

Yes, the owner of a registered design can sell (assign) or license the rights to use the design to others, subject to legal agreements.

What constitutes design infringement?

Design infringement occurs when a design that is substantially similar to a registered design is used without authorization, potentially misleading or deceiving the public.

How can one check if a design is already registered?

One can conduct a search in the public records of the Indian Design Office or utilize online databases to check for prior registrations.

How to download design patent certificate?

The process of how to download design patent certificate can be done through official IP India website. Visit the “Designs” section, access the e-Register, and enter your design application or registration number. Once verified, the certificate can be downloaded in PDF format.

Are there any ways for design patent certificate download other than the official portal?

No, the design patent certificate download can only be done via the official IP India portal. However, certified copies of design applications or related documents can be requested by filing Form 15 or Form 16 with the Controller General of Patents, Designs, and Trademarks.

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