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Design Registration

Design registration offers a shield for your unique design, classifying it as intellectual property and ensuring it’s safe from imitation. It gives the designer the only authority to use the design for ten years, with the option to extend it for an extra five. IndiaFilings helps you with the design registration process, making sure your rights are respected and your innovations are safeguarded.

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Definition of a Design

A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition or ornament of lines or colours 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.

Importance of Design Registration in India

  • Design owners can grant licenses to third parties for their creations if they register them with a certain patent authority. Within the confines of their patent jurisdiction, they can benefit from the hefty royalties paid by the licensee company.
  • By being registered with a patent authority, a design’s commercial worth and product marketability are both increased. It’s because a product’s unique design enhances its reputation among prospective buyers.
  • An owner of a design has the right to file a lawsuit against anyone who replicates it when it is officially registered. By keeping their design or product exclusive, it guarantees that the design owner can keep their market share.
  • One of the biggest advantages of design registration is that it provides legal protection against infringement. This process prevents other businesses from manufacturing, selling, or distributing products that are exact replicas of the original concept.
  • More broadly, the competitiveness of market participants is increased when multiple creators register their designs. It drives research and development (R&D) projects, which in turn spur more innovation and produce win-win results for companies and product consumers.

Documents Required for Design Registration

To register a design, the following documentation needs to be sent:

  • The original document or certified copies of each disclaimer, duly certified.
  • Every affidavit.
  • Every declaration.
  • Any additional public papers can be made available on payment of a fee.

The proper format for submitting the affidavit must be followed. The controller sets the price for the design registration process.

  • Use a 200 rupee non-judicial stamp paper validly signed by the controlling partners or owners of the business (form 21 for advocates and agents; a general power of attorney is necessary otherwise) to register.
  • Four copies of the design were printed.
  • You have to provide drawings, photos, or tracings of the design.
  • Paper of A4 size must be utilized, and usage and priority documentation must be included in the design.

The 2014 Design (Amendment) Rules created two application categories:

  • Individuals, and
  • non- Individuals.

The various fee schedules that are applicable to candidates based on their classification. The reduced application fees for design registration are advantageous to small businesses. The owner of a design certificate is legally able to forbid others from utilizing the design without that owner’s consent.

If a third party uses the design without giving the owner notice, the owner may file a lawsuit to recover damages from the infringer. As a result, he is entitled to compensation for any infringement of his rights over design usage.

Essentials Requirements for Design Registration

In order for a design to be eligible for registration and protection under the Design Act of 2000, certain prerequisites must be met:

  • A design ought to be fresh and original. This indicates that prior to the date of the registration application, it should not have been used or publicized in any other country.
  • A design ought to be distinctly different from existing designs or from a combination of existing designs.
  • Sensational or offensive content should not be included in or contained in a design
  • A design shouldn’t be limited to a mechanical device.
  • An article should have a visually appealing design applied to it.
  • A design shouldn’t go against morality or public order.

Eligibility Criteria for Design Registration

The eligibility criteria for design registration in India are as follows:

  1. Novelty: The design must be new or original, not previously published or publicly disclosed in any form in India or abroad.

  2. Distinctiveness: The design should significantly differ from existing designs or combinations of known designs, exhibiting unique visual features.

  3. Applicability: The design must be applicable to an article, i.e., it should be capable of being applied to an article to enhance its visual appearance.

  4. Non-Obviousness: The design should not be obvious to a person skilled in the relevant field of design, meaning it should not be a mere combination of known designs or variations thereof.

  5. Exclusions: Designs that are solely functional, dictated by technical requirements, or contrary to public order or morality are not eligible for registration.

  6. Proper Representation: The design must be represented clearly and accurately through visual representations or drawings, showing its features, dimensions, and proportions.

Meeting these criteria ensures that the design is eligible for registration under the Designs Act, 2000, and qualifies for legal protection against unauthorized use or imitation.

Validity of Design registration

The validity of design registration initially extends for a period of ten years from the date of registration. However, it can be renewed for an additional period of five years upon application to the Design Office and payment of the prescribed renewal fee. Therefore, the total validity of design registration in India can be extended up to fifteen years from the date of registration, subject to the timely renewal process. This ensures that the owner maintains exclusive rights over the registered design and prevents unauthorized use by others for commercial purposes.

Who can Apply for Design Registration?

  • Any individual, legal representation, or assignee may submit a separate or joint registration application.
  • A firm, partnership, minor entity, and body corporate are all included in the definition of “person.”
  • An NRI’s agent or legal representative must start the India Design Registration procedure on their behalf.

Basic Requirements of Design Registration

The basic requirements for design registration in India include:

  1. New and Original: Your design must be fresh, not seen before, ensuring it’s truly unique.
  2. Distinctive Look: It should have noticeable differences from existing designs, making it easily distinguishable.
  3. Useful Design: Ensure your design enhances a product’s visual appeal, serving a practical purpose.
  4. Clear Drawings: Provide precise, detailed illustrations showcasing every aspect of your design accurately.
  5. Your Details: Include your personal information such as name, address, and nationality for identification purposes.
  6. Priority Claim: If you’ve submitted this design elsewhere first, provide evidence to support your claim.
  7. Fee Payment: Complete the required fee payment to initiate the registration process smoothly.

Complete Process for Design Registration in India.

The first point to be noted is that the application for design registration can be applied to five different authorities:

  • Controller Designs Patent Office in Kolkata
  • Patent Office in Delhi
  • Patent Office in Ahmadabad
  • Patent Office in Mumbai
  • Patent Office in Chennai

Whenever an application is submitted to any one of the four offices in Delhi, Mumbai, Chennai, and Ahmadabad and is rerouted to Kolkata’s head office, the following is the application procedure for filing of the design registration:

  • In Form-1 the application must be filed along with the following necessary papers:
    a) Name of the Applicant
    b) Address of the applicant
  • Nationality of the Applicant
    a) The applicant is not a natural person. For example, a company, the information regarding the place of incorporation, and the legal status of the entity must be included.
    b) The required application fee.
  • The article’s Locarno Classification class and subclass that best represent the design.
  • The article name that the design is intended for.
  • Illustration of the layout: Two copies of the plan must be submitted if the design is two dimensional. The applicant must additionally emphasize the special qualities of the design that set it apart from other models already in use.
  • Every level of registration requires a separate application in the event that one is submitted to register the design in more than one class.
  • Regarding the mechanical processes, numbers, trademarks, letters, etc., each depiction must have a statement of disclaimer or uniqueness connected to it. Additionally, on each representation, it must be endorsed, properly signed, and dated by the applicant or an authorized representative acting on their behalf.
  • The patent office reviews the application following submission and, if any objections are found, raises them. The patent office must award the design a copyright certificate after all objections have been resolved.
  • After the date of registration, the design registration is valid for ten years.
  • Before the first 10 years of the registration period expires, it is possible to extend it by an additional five years by filing an application using Form-3 and paying a fee of Rs. 2000.

Cancellation of Design Registration

A registered industrial design may be revoked at any moment after registration by the registered proprietor or a third party by bringing up any or all of the post-grant objections under Section 19. For the protection of India’s security, the controller may decide to cancel a registered design in accordance with Section 46 of the act. Form 8 may be used to file a petition for cancellation, together with the appropriate fees (INR 1500 for Natural Persons, INR 3000 for SME, and INR 6000 for Other Applicants Not Included in the Remaining Applicants).
 
If the registered design in question is cancelled as a result of these procedures, the cancellation must be published in the Official Journal. According to the fundamentals of the Civil Procedure Code, a fair interpretation of Section 19 and Rule 29 establishes the required time periods for each stage of the cancellation procedures.
A registered design’s cancellation procedure may take a long time and differ depending on a number of circumstances.

While there are several benefits to registering an industrial design, the primary advantage of canceling a registered design is that it provides protection from third-party copying. On the other hand, the Registered Owner or Registered Proprietor cancels the design registration in order to prevent legal action in the event that the owner breaches any design licensing or assignment agreements. Additionally, there is no restriction on the quantity of registered designs that can be canceled by a single application, in the same way as there is no restriction on the number of designs that can be registered concurrently or separately.

On the other hand, an industrial design that has been cancelled cannot be registered again because, once a design satisfies any of the grounds for cancellation, it is considered permanently non-registrable until significant changes are made that make it a “new” design and necessitate a new registration or rectification. This also implies that no third party may adopt a cancelled registered design because the grounds for the cancelled industrial design are still applicable even after the cancellation procedures are finished. According to the statute, an industrial design that has been registered will be deemed invalid if its owner abandons it. This can be resolved by having the expired design restored. Since the reasons for both are completely different, an abandoned design can never be interpreted as a cancelled design. 

Benefits of Design Registration in India

The following is an explanation of the advantages of design registration:

  • Any item or decoration that has a well-designed appearance is both appealing and attractive. As so, it raises the product’s marketability while also augmenting its commercial value.
  • The owner of a protected design has the right to bring legal action against any individual or company that duplicates or mimics the design. This guarantees that the product’s design is genuine, unique, and owner-protected.
  • The picture or diagrammatic depiction of a product or its packaging is protected by design registration. Many businesses rely on copyright and make sure they are adequately covered. If there is a dispute, the opposing party must provide similar evidence to support their position regarding copyright. Therefore, one could consider a design registration to be the ideal substitute for demonstrating the legitimacy of the rights.
  • Every time a designer incorporates an original and imaginative element into a product, the design gains distinct personality. The market approach of uniqueness enables it carve out a niche for itself among all the other products that are currently on the market.

Why need a design registration

Design registration in India is crucial for several reasons:

  1. Legal Protection: It grants exclusive rights to the owner, preventing others from using or copying the design without permission.

  2. Commercial Value: Registered designs can be commercialized through licensing or sale, generating revenue for the owner.

  3. Brand Identity: Unique designs enhance brand identity and market differentiation, attracting customers and building brand loyalty.

  4. Market Advantage: Design registration provides a competitive edge in the market, safeguarding against imitation by competitors.

  5. Enforcement: It enables the owner to enforce their rights through legal action against infringers, protecting their investment in design development.

  6. Global Recognition: Registration facilitates international protection through treaties and agreements, enhancing market access and competitiveness.

Overall, design registration is essential for protecting intellectual property, fostering innovation, and driving business growth in India’s dynamic market landscape.

How to renew design registration?

According to Section 11 of the Design Act of 2000, the registered proprietor of a design shall have a copyright in the design for a term of ten years from the date of design registration. The provisions pertaining to the extension or renewal of the Design Act, 2000’s copyright are outlined in Section 11(2). A registered design’s copyright may be renewed or extended for a maximum of five years. Only after the initial ten years of the Design Registration have passed may a renewal be completed. As soon as the registered proprietor satisfies all conditions, the Controller renews the design.

Design Registration Fees in India

To register an industrial design / design patent in India, the applicant must submit an application to the office of the Controller General of Patents, Designs, and Trademarks. A description of the design and an assertion of originality and uniqueness should be included in the application. Before the filing date, the design must be original and cannot have been published or utilized in India. For small and big organizations, the official filing fees for an industrial design registration application are ₹ 1,000 and ₹ 4,000, respectively. An average of three to twelve months pass between the filing date and the registration decision.

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Frequently asked questions

What is a Register of Designs?

The Register of Designs is an official list or record maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

Where should Design application be filed?

Design applications can be submitted filed physically to the Controller General of Patents or filed online through the e-filing gateway available at the official website. https://online.ipindia.gov.in/eDesign/goForLogin/doLogin

What are the designs not registrable under the Act?

Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process is excluded from registration under the Act. The features of the design in the finished article should appeal to and are judged solely by the eye.

What is the process of design registration?

Step: 1 Design Search:

This step is of utmost importance before filing a Design application, as it aids the owner in determining whether there exists another design that closely resembles the owner’s mark. Merely having a unique design in mind does not guarantee that it is not already registered by another, making the Design search an essential and unavoidable process. This search can be conducted either through the Controller of Designs, Patent Office, or via the Online Portal at https://search.ipindia.gov.in/designsearch.”

Step: 2 Filling of application:

An application shall be filed in Form-1, along with the prescribed fees, stating the full name, address, nationality, name of the article, class number and address for service in India. Foreign applicants must also provide an address for service in India. This address can be that of their agent in India. For foreign applicants, providing an address for service in India is mandatory. Unless, such an address is provided, the Office shall not proceed with the application.

Step: 3 Examination of application:

The application is referred by the Controller of Designs to an Examiner of Designs for conducting an examination to determine whether the application and the documents satisfy the formal requirements and whether such design as applied to an article/product can be registered under the provisions of the Designs Act, 2000 and Designs Rules, 2001.

Step: 4 Formality Check:

The Examiner determines whether:

  • Submission of Application in the prescribed format
  • Payment of prescribed fee
  • The application contains the name, address, and nationality of the applicant
  • The application contains the address for service
  • The application contains the Declaration of proprietorship
  • The representation sheet is as prescribed in Rule 14
  • Power of authority, if applicable, has been filed

Step: 5 Substantive Examinations:

Substantive examination is carried out to ascertain whether the proposed design is:

  • Eligible for protection under the Act
  • New or original
  • Not contrary to public order or morality
  • Does not pose a threat to the security of India

Step: 6 Reply to the Objection

Applicant shall file the reply of the objection raised in the examination report within one month.

If the applicant fails to comply with the objections or fails to apply for a hearing within three months from the date of communication of statement of objections, the application shall be deemed to be withdrawn.

Step: 7 Hearing notice

On consideration of response of the applicant, if the

Controller is of opinion that the requirements of Act and Rules have not been met, the fact shall be communicated to the applicant clearly mentioning that the application is liable to be refused for reasons to be detailed and fixing a date for hearing.

If the applicant fails to appear for the hearing without any request for adjournment, the application shall be refused giving a reasoned order.

Step: 8 Registration & publication

If the applicant complies with all the requirements laid down under the Act and Rules, communicated in the form of statement of objections, the application shall be registered forthwith.

Once an application is registered, it is published in the Patent Office Journal ordinarily within one month. The registration number is same as the application number.

What are the benefits of registering a Design of any article?

These are some benefits of registering a Design of any article:-

  • A well-designed article will be more attractive and sellable.
  • Attractive designs can increase the product’s marketability.
  • If the design is original and authentic, the owner can sue anyone who copies or imitates it.
  • Design registration protects packaging or images.
  • If necessary, the other party must show that the copyright is valid.
  • Design registration is a great alternative to proving a copyright’s validity.
  • A designer can create something original and unique for their product. This gives the product its character. Its uniqueness is rooted in the market and allows it to be unique among the other brands.
Can the Registration of a Design be cancelled?

The registration of a design can be canceled if someone files a petition with the Controller of Designs. This petition in Form 8, needs to be submitted along with a fee. There are several reasons why the registration might be canceled:

  • The design was already registered in India before.
  • The design was made public in India or somewhere else before it was registered.
  • The design isn’t actually new or original.
  • The design doesn’t meet the requirements for registration.
  • The design doesn’t fit the definition of a design according to Clause (d) of Section 2.
Are the registered designs open for public inspection?

Yes, registered designs are open for public inspection only after publication in the official journal. To view a registered design, a person must submit a request and pay a prescribed fee using Form-5. For fee Enquiry you may refer this link :

https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs__amendment___Rules__2021.pdf

What if the design registration is not renewed within the time period?

If the registration of design has been lapsed due to non filing of renewal or nonpayment of fee, then application for restoration of lapsed design is required to be submitted to the controller along with prescribed form and fees, within one year from the date on which design is lapsed. For fee Enquiry you may refer this link:

https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs__amendment___Rules__2021.pdf

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