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Design Registration in India
Protect your unique shapes, patterns, and visual configurations under the Design Act, 2000
A Brief About Design Registration
Registration and protection of design in India are regulated by the Design Act, 2000 and the Design Rules enacted in 2001. The Design Act, 2000 replaced the earlier Act of 1911 to bring Indian design laws up to international standards.
The Design Rules, 2001 were later amended in 2008 and 2014. The latest update introduced a new category of applicant called a small entity, in addition to natural persons.
Legal definition of “Design”
A design is defined under Section 2(d) of the Design Act as features of shape, pattern, configuration, composition, or ornament of lines or colours applied to any article (2D, 3D, or both) by industrial processes (mechanical, manual, or chemical).
These features must be judged solely by the eye and should not include principles of construction or mechanical devices.
Essentials for Design Registration
For a design to be registered under the Design Act, 2000, it must meet the following strict conditions:
Click on the folders to read the notes
New and Original
The design must be completely new and original. It should not have been previously published anywhere in India or in any other country before the date of application.
Visual Features
The design should involve distinct features like shape, pattern, configuration, or ornamentation applied to an article.
Visually Appealing
It must be visually appealing and judged only by the eye. It cannot be dictated merely by the function that the article is intended to perform.
No Trademarks
The registered design should not include any trademarks, artistic works as defined under the Copyright Act, or property marks.
Significantly Different
Must be significantly different from existing registered designs. Similar or slightly modified versions of existing designs are not eligible for registration.
Application Process & Validity
Where to File
Applications can be filed at Patent Offices in Kolkata, Delhi, Ahmedabad, Mumbai, or Chennai. All applications are ultimately processed through the Kolkata head office.
Filing Form-1
File Form-1 with applicant/company details, specify the class & sub-class (Locarno Classification), and mention the article name. A separate application is required for each class, attaching a novelty statement.
Examination & Approval
The patent office examines the application and raises objections (if any). Upon successful approval, the Design Registration Certificate is officially granted.
Validity & Extension
The initial validity of a registered design is 10 years. This can be extended for an additional period of 5 years by filing an extension request.
Applicants & Legal Rights
Category of Applicants
Introduced in Design Rules 2014, applicants fall under Natural Person or Other than Natural Person (Small Entity or Others). Small entities benefit from significantly reduced registration fees.
Exclusive Legal Right
Registration grants the owner the exclusive legal right to use the design on the specified articles within India.
Stop Unauthorized Use
You gain the legal authority to prevent third parties from unauthorized copying, manufacturing, or selling articles bearing your registered design.
Claim Damages
In case of infringement, the registered design owner has the statutory right to sue and claim damages against the infringing party.
Documents Required for Design Registration
Ensure you have the following documentation ready before filing your design application:
Primary Forms
- Form 1: Filed in the prescribed format.
- Form 21: Power of Attorney / General POA (if filed through an agent).
- Form 24: Used for claiming the status of a small entity.
Supporting Documents
- Proof of MSME registration (if applicable for fee reduction).
- Priority documents (with certified English translation if the original is in another language).
- Any additional documents (case-specific as requested by the controller).
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