Design Registration Process
Application Preparation2 to 3 Working Days
Our in-house lawyer will assist you in understanding the nuances of design registration. To begin the design registration process we will need a few documents from you. Our team will then proceed to prepare your registration application. We will also need an authorization letter that would allow our representative to file the application on your behalf.
Application Filing2 Working Days
Our lawyer will file your design registration along with the supporting documents. You will receive a design number and the copy of your application, which is to be duly signed and sent back to the department.
Application Processing11 to 15 Days
Your application will be filed with the Design Wing of the Patent Office and the department’s examiner will start processing your application. You can use the design number to track the status of your application.
An objection might be raised by the department during the processing period. You will have to file a suitable reply to any such objections. In case no objection is raised or if the said objections have been rectified, your design application will be approved and the extracts of the same will be sent to you. The patent office will issue the design registration certificate and the design will be published in their Journal.
Designs Registration Cost
|Goods & Service Tax||763.00|
For Individuals / Proprietors.
|Goods & Service Tax||763.00|
For start-ups and small businesses
|Goods & Service Tax||915.00|
For all companies other than small entities
Documents Required for Designs Protection
Executed in a non-judicial stamp paper of INR 100 and duly signed by the proprietor / partner / directors of the company.
Registration of Design
Four copies of the Design rendering (drawing / photograph / tracing), which is to be exactly similar to the design to be registered.
Supporting Info Sheet
Details of the design, including, proof of first use and priority (if any).
What do you get
An acknowledgement slip with payment details
Questions? Call us on 011-395-95858
Frequently Asked Questions
What is a ‘Design’?
‘Design’ refers to the shape, pattern, ornament, composition of lines, colour, 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 in nature.
What are the benefits of a design registration?
- Exclusive rights over the new and original design
- An asset of the proprietor/owner
- Can initiate a legal proceeding in case of infringement by a third-party
- Serve as a prima facie evidence in an infringement suit
- Right to sell, transfer and license the design with ease
What is the protection given to a design registration?
When a design is registered, a copyright is bestowed upon the registered design for a period of 10 years (extendable by 5 years). Through this, the proprietor enjoys an exclusive right over the use of the design in the class in which it’s been registered.
What is excluded from the scope of a design registration?
Unlike copyright protection, the design registration doesn’t protect any literary or artistic work like books, calendars, stamps, tokens, building and structures, maps. Furthur, an application cannot be made for designs similar to the national flags, emblems or signs of any country.
Who can apply for a design registration?
- The proprietor of a design (including firm and corporate entity)
- An assignee (either separately or jointly)
- In the case of an NRI, his agent or legal representative
Can a lapsed design due to non-payment of fees be restored?
A design registration is valid for a period of 10 years and can be extended for a further term of 5 years with the payment of the necessary fees. The design will lapse if the extension is not done in time, but can be restored in the following manner:
The application for restoration is to be made within one year from the date of the lapse of the design via Form 4, only in the case of non-payment of the extension fees. Once the application for restoration is approved, the necessary extension fees is to be paid.
What is the meaning of priority claim?
Since India is part of the Paris Convention the benefit of priority claim is available. This means that, when an application is filed in any of the contracting countries of the Convention, any other application for the same design (with six months) filed in any other contracting countries will be treated as filed on the date of the first application.
What are the essential characteristics of a design registration?
To qualify for a design registration, the design must comply with the following qualities.
- Be new, original and unique
- Not be controversial, offending, obscene, or contradictory to public order
- Not have been disclosed to the public or published anywhere
- Applicable to only aesthetic characteristics and cannot include procedural or mechanical elements.
Is registration of designs compulsory?
While a design registration is not mandatory, it is advised since a registration protects the uniqueness and originality of the design.
Can a design registration be cancelled?
Under the provisions of Section 10 of the Design Act, 2000, a design registration can be cancelled if:
- The design is unoriginal and if similar designs already exist
- The design has already been registered in India
- The design has already been published in another country prior to the date of registration
- Does not comply with the characteristics of a design as mention under the Design Act.
When should you file for a design registration?
It’s best to file for a registration at the earliest to obtain the exclusive rights over the design. This is because; the person who files for registration at first will get the rights to the design.
How will I know if any registration already exists for the design?
An application can be made to the Design Wing of the Patent Office either through Form No. 6 (if the registration number is known) or with Form No. 7 (using a representation of the design).
Can we transfer the ownership of a design registration?
Yes, ownership can be transferred through:
- License Agreement
For this, an application (along with the prescribed fees) is to be made to the Controller of Patents and Designs via Form 10. Also, a copy of the transfer agreement (notarized) is to be enclosed with the application. This application is to be submitted not later than six months from the date of executing the transfer agreement.
Can the design registration be altered?
Changes to the name, contact details and address of the proprietor of the design can be done via Form-22. The application should be made with the prescribed fees and by submitting certain supporting documents. Also, such modification cannot lead to the change in the design ownership through transfer, license or assignment.
Can an application be made for an abandoned design application or for a previously abandoned application of the same design?
The registration is possible since the Patents and Design Office would not have published the design in their design journal. However, the design should not have been published in any other public forum after the abandonment of the design application.