What is Design Registration?
You have to protect a design through design registration – meaning an intellectual property registration of a design that gives you exclusive ownership of your design.
A design refers to a drawing that can either be two dimensional, three dimensional, consisting of patterns, shapes, elements, figures, patterns or colour that shows the look of any product or service.
By registering a design, the design holder owns its exclusive ownership to use it on the products or services.
Items that can be registered as a design
Following are the items that can go through design registrations:
- Designs that are unique, original and hasn’t been registered before.
- The designs that related to the shape, pattern, ornamentation or configuration of a article.
- Design that can be implemented on any article of the industries process. For instance, the pattern of a stamp can be registered as a design. However, if that industrial equipment has some noteworthy application, design cannot be registered.
- The design should be visible to the customers. It should not be an abstract – meaning that its concept should be clearly visible to the general public.
- A design that doesn’t contain any laudatory of obscene concepts
- A design that does not violate the morality of the public
- A design whose photographs have been submitted to the Design Registration Department from all angles.
Designs that are not allowed to go through registration
Following are the types of designs that are not granted registration by the Intellectual Property departments:
- Industrial plans, layouts, installation or any designs that contains anything of that nature
- Emblems, Flags or signs of any countries
- A design that has been conceptualized after making small changes to an already registered design. Such designs can be applied to fool the public. And therefore, the Intellectual Property Department forbids them.
- Designs of buildings and other infrastructures. Such concepts fall under the jurisdiction of another department.
- Cards, labels, cartoons, cards or any thing that aren’t part of the articles, but articles themselves.
- Other designs that are not allowed are calendars, books, jackers, certificates, forms, greeting cards, pamphlets, stamps, medals, etc.
To obtain design registration in India, one has to provide the precise documents to the Intellectual Property Department.
Documents Required for Design Registration in India
Here are all the documents required for design registration in India:
- Form 1: The Design Registration application form
- Representations of all the rules that you have followed while conceptualizing the design
- Form 21 to authorize the signatory to sign all the listed documents
- Udyog Aadhar Registration is the applicant is an Indian entity
- Original Priority Document under Rule 15 of the Design rules, if you are seeking the registration of your design on a priority basis
- Design registration certificate of another country if the applicant seeks to register a design already registered in foreign countries
Process of Design Registration
The design registration process is as follows:
- Furnishing of the documents: The applicant must first furnish the documents in the appropriate format.
- Application furnishing: Then, the applicant must furnish the application form and get it signed by the authorized signatory
- Submission of the application: The applicant than must submit the application form to the Department of design registration.
- Assessment of the application: Upon receiving the application form, the Department of Design Registration will start the assessment process.
- Objection removal: If there are any discrepancies in the application form, it is up to the applicant to resolve them.
- Grant of Design registration certificate: After the fulfilment of all the formalities, the applicant will be granted the design registration certificate.
Our Assistance
To get your design registration, we provide the following support:
- Document Drafting
- Application filing
- Following up with the department
We provide you the necessary hand-holding so that your designs get accepted by the department. Our low costs and professional attitude will ensure that you get the certificate of registration on time and without paying a lot.
Please contact us for your design registration needs.