|Consultancy on Registration and Process||Free|
|Government Fees||Rs 1000|
|Application Filing||Rs 1274|
|Service Tax||Rs 225|
|Total Cost||Rs 3,499|
|Representation of the Article/Drawing/Sketches|
|Basic Information of the Owner|
|Power of Attorney (Stating we are filing Application on your behalf)|
Design registration is the process by which a design can be registered; thereby protecting its exclusivity and the legal rights to own that design. Registering a design helps protect the external appearance of the article. A registered design is typically used for protection designs for industrial use. A registered design can be anything ranging from a shape, configuration, pattern, ornament or compositions of lines or color or combination thereof applied to any article whether two dimensional or three dimensional protected under the Designs Act, 2000.
One of our representatives will get in touch with you and get basic details about the design you want to get registered. You will need to send in a 3 copies of your design along with the signed authorization letter which will be mailed to you by us.
Our experts will draft the application and file the requisite forms with the Registrar of designs at the Delhi office.
Once the design registration application has been completed, you will get a diary number. Registration takes 12 months from this day. You might be asked for some clarifications during this time in case there is an error. We will constantly keep you updated on the status of your application. Kindly note, that in case an objection is raised by third parties or the examiner, then an appropriate response needs to file within 45 days.
If you are not satisfied for any reason, we will refund your money minus the Government fees. No questions asked
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.
There are certain specific features needed for the design to get registered. The minimum requirements are as follows;
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.
Yes, in order to provide a systematic registration the Designs are categorized in separate classes. According to the Locarno Agreement, the international classification of the Industrial Designs are distributed in classes under the Design Rule 2001 & as in (Amendment) Rules 2008 . The classification of design is based upon the function of the classification of goods. The classes are further divided into sub-classes, which are majorly function oriented. There are specific cases where in the function of the article is required to be mentioned along with the name of the article in the application form which is needed for the classification.
This is a case which means that an application of a design or similar design to any article and used for certain purposes without the consent of the actual owner, who is already registered is called Piracy of a design. Publishing of such articles or exposing terms for business with knowledge of the illegal and unauthorized application of the design to them certainly is involved in piracy of the design.
It is not important for the applicant to register the design, an application for registration of design can also be filed by the help of attorneys.
The benefits of a Design Registration are as follows;
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.
The Design acts does not permit the following elements to be registered;
However, there are specific grounds on which the application of cancellation is admitted;
Incase of Piracy of a design, the person is liable for every offence to pay a hefty sum of about Rs. 25,000/- to the registered proprietor and it can extend to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. However, the total sum of the penalty shall not exceed Rs. 50,000/-as contract debt as stated under Section 22(2)(a). The suit for infringement, recovery of damage etc is not required to be filed in any court below the court of District Judge.
To ascertain whether registration exists in respect of a design, the applicant is needed to make a request to the Patent Office. Incase an individual is aware about the serial number of the registered design then the request is to be made on Form 6, and if its not known then Form 7. The requests are made individually and applicable only for one design.
The proposed GST will drive down the price by 7-8% which is increased due to dual taxation and give relief to startups burdened with complying with multiple taxations prevalent in the country.
Two proposed GST will drive down the price by 7-8% which is increased due to dual taxation and give relief to startups burdened with complying with multiple taxations prevalent in the country.
Three proposed GST will drive down the price by 7-8% which is increased due to dual taxation and give relief to startups burdened with complying with multiple taxations prevalent in the country.
A thorough search of the TM directory. Authorization letter drafting.