Register a Design
Under section 2(d) of the Designs Act 2001, Design is defined as only the features of a shape, pattern, configuration, composition or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a mere mechanical device.
In India, Design protection and registrations are organized by Designs Act 2000 and Designs Act 2001. The Design Act 2001 was additionally revised by the Design (Amendment) Act 2008 along with the Design (Amendment) Act 2014. The latest Amendment to Design Rules came into existence on 30th December 2014 that introduced a new category where the applicant is covered under the small entity with extension to natural person.
Document requirements for Design Registration
- An accurate certified copy of the original document or certified copies of all disclaimers.
- All affidavits
- All declarations
- Other civic documents can be feasible on payment of a fee
The affidavit should contain truth and authenticity and be structured in paragraph form.
Required Documents
- An accurate certified copy of the original document or certified copies of all disclaimers.
- All affidavits
- All declarations
- Other civic documents can be feasible on payment of a fee.
Procedure for Design Registration
Application can be applied to five authorities:
- Controller Designs Patent Office in Kolkata
- The patent office in Delhi
- The patent office in Ahmedabad
- Patent Office in Mumbai
- The patent office in Chennai
Form-1 must include: applicant’s name, address, nationality, lawful status, applicable fee, name adaptation, Locarno Classification.
Benefits of Design Registration
Owner acquires legal right to act against impersonation.
Ensures originality and protection of design.
Increases profitability of product.
Prevents duplicity & ensures particularity.
Representation of Design
- If design is 2D, provide 2 copies.
- If design is 3D, provide 2 copies (front, back, top, bottom, sides).
- Particular features must be presented.
- If registering in multiple classes, file separately.
- Each representation must carry disclaimer/originality statement.
- Patent office examines, clears objections, and issues certificate.
- Registration extendable by 5 years with Form-3 & ₹2000 fee.
