design registration

Overview:

Once the design application is accepted for registration after completion of the due process of clearance of objection, the Patent and Design Office issues the design registration certificate and notifies it in the patent journal. If the shortcomings aren’t cleared, the parties have an option to appear for the hearing and clear the objections raised by the Controller. After completion of the entire process, the design is registered.

Benefits of design registration:

  • A good and novel design makes any product or ornament attractive and appealing to the eyes, thereby improvising its commercial value and enhancing its marketability.
  • Design protection authorizes the author to the right to sue the infringer (person or entity) involved in the imitation of the design of the creator. This implies that the registered design of the product is genuine and novel and is exclusive to the owner.
  • Design registration protects the visual traits of products/packaging. Copyrights on these definitely provide sufficient coverage. However, validity may be questioned later. In such cases, design registration is the perfect substitute for proof of the existence of certain rights.  
  • Addition to the designs adds individual character to the design.

DOCUMENTS REQUIRED FOR REGISTRATION:

The documents required for design registration are very minimum and are required at the time of submission of the application. Here is a checklist of the necessary documents for filing the application along with FORM 1  Application:

Personal details of the applicant- name, nationality, and address of the applicant

In the case of foreign applicants, it is mandatory to provide the address of service in India.

To be filed along with the application, and no time extension will be provided for the same.

Visual representation of the design in 360-degree view – two copies 

To be filed along with the application, and no time extension will be provided for the same.

Power of attorney 

To be filed with the application or within one month from the date of filing. 

Priority application- certified copy (if the same design is registered in any convention country)

To be filed with the application or within one month from the date of filing. 

A brief statement of novelty is endorsed in each design.

To be filed along with the application, and no time extension will be provided for the same.

Details of the class under which design is to be registered

 

Additional documents based on each case

 

Time taken for design registration:

The process of filing of the application to successful registration of the application takes about 3-6 months. Once the application is accepted and free of objections, design is registered with the Patent Office and registration certificate is issued to the applicant.

Renewal of design registration:

The Renewal or extension of a copyright of a registered Design can be extended for a time period of 5 years. The Renewal can only be done after the expiration of the original time period of 10 years of the Registration of Design. The Controller does the Renewal of Design after the registered proprietor fulfills all the requirements.