Design registration can be used to protect original shapes, patterns, ornaments, and composition of colours and lines applied to any article by an industrial process.
Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
Important Aspects of Design Registration
It’s important that a professional file for the registration of a design to ensure that the design is properly protected. An experienced professional can help significantly improve chances of successful design registration by filing a professional application, addressing all the aspects of Designs Act.
Post filing of a design registration application, it is important to periodically check the status of the application until its processing on the Government side. Design registration application process sometimes requires various time-bound response or action from the applicant. Hence, it’s important to continually check the status of the application and take required action until registration.
List of all registered designs are maintained and published by the Patent Office to put competitors on notice about registration of a design and prevent counterfeiting. In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.
10 Year Protection
As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the applicant is required to file a counter statement within two months.
Filing a design registration application does not guarantee registration of the design. Design registration is a process and registration is provided only by the Registrar – based on the facts and premises of each case. Hence, our professionals can only make best efforts for filing of design registration application based on experience and expertise.
How we help with design registration
Our Design Registration Experts will prepare the trademark application for your business based on your requirements and information collected.
Once, the design registration application is prepared and signed by you, we will electronically file it with the Design Registrar immediately.
Once the design registration application is filed with the Registrar, the Government processing will start. We will provide application status tracking and guide you on steps for registration.