Design Registration in India

Application filing is done for registering a design on a prescribed form along with a fixed fees in & there is a proper format for registering the same.

What do you mean by Design?

Any shape, pattern, ornament, configuration or composition of colors & lines are features of a design. A design can be two dimensional, three dimensional or both the forms. It does not consist of any trademark, property mark or artistic work. These are intellectual property rights that protects the visual presentation of the objects.

What are the benefits of Design Registration?

The benefits of a Design Registration are as follows;

  • The registration of a design permits the registered proprietor to apply the design in the class wherein the design has been registered.
  • The protection of an intellectual property is solely responsibility of the registered proprietor. Incase his right is infringed by any person then registration of the design gives him the right to sue for infringement.
  • The owner of the design is permitted to sell/transfer the design as its his legal property in return of some consideration & royalty.

What are the minimum requirements to register a Design?

There are certain specific features needed for the design to get registered. The minimum requirements are as follows;

  • It is very important for the design to be new or original & distinctive in nature
  • The design needs to be absolutely fresh and not used in any publication or it must not have an exposure to public.
  • It is required for a thorough research based on the existing designs as already registered designs cannot be used.
  • It should not have obscene, controversial or offending content.
  • It is not to have a mechanical & technical fabrication.
  • The design is to be applied to an article and most importantly needs to be appealing.
  • The Design must not be against public order or morality.

Who can apply for registration of a Design?

A person who has an unique design to be registered or a legal representative or the assignee who is given the right/ownership of the design can individually or jointly apply for the registration of a Design. It can also be a firm, partnership and a body corporate who claims to be the owner of a design. The agent can also file an application in which PoA (Power of Attorney) is required to be filed.

Validity of the Design

The validity of the design registration is initially for ten years after which it needs to be renewed. In order to retain the rights the design is to be renewed which extends the period for more five years. The fee for extension is very important , and if you fail to pay the fee within the renewal period then the rights will be ceased. However, you still have a chance to restore your design if you file the restoration with the fee within a year from the date of cessation in the prescribed manner.

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