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What is Design Registration?
- A Design is the features of shape, pattern, and composition of lines or colours applied to any article.
- An article is referred to like the product or part of the product which should be manufactured or export or sold independently.
- The Registration of Design in India is governed by the Designs Act, 2000 & Its related rules and regulation
- The registration number is allocated to the owner of the design which is displayed on the article to place others on notice that there is a registration of the design in place.
- The article can be a 2-dimensional form that includes textiles, wallpapers, and packaging or it can be a 3-dimensional form that includes domestic goods or industrial goods.
- A design that is registered gives a proprietary right in the design.
- The Design excludes any artistic work or any trademark.
- The design owner provided exclusive rights in India to sell, make, or import any article that the design is applied to.
Design Registration Package Includes
Benefits of Design Registration
Requirement For Design Registration
- The registration of the design should be original or new.
- The design should not be disclosed anywhere to the public by way of publication.
- Known designs or combinations of known designs should be significantly distinguishable.
- The design should be applied only to an article.
- It should be favourable to the security of India.
LIst of Items Not Covered Under Design Registration
- Books, calendars, medals, certificates, leaflets, forms, and other documents,
- Dressmaking patterns, maps and plan cards,
- Postcards, stamps, greeting cards.
- Labels, tokens, cards, cartoons.
- Any principle construction of an article.
- Mere mechanical contrivance.
- Buildings and structures.
- Variations commonly used in the trade.
- A mere change in the size of the article.
- Flags, emblems of any country.
- Layout designs of integrated circuits.
Who can apply for registration of a Design?
The application for Design registration is made by the following person are:-
- Individual Person.
- Proprietor of any Business.
- MSME / SSI Business.
- Private Limited Company.
- Public Limited Company.
- Section 8 Company.
- Nidhi Limited Company.
- Producer Limited Company.
- OPC (One Person Company).
- Government Company.
- LLP (Limited Liability Partnership).
- Partnership firm (Registered or Unregistered).
- Cooperative Society.
- NGO (Non-Government Organisation).
- Banks & any Financial Institutions.
- HUF (Hindu Undivided Family).
- Any Body Corporate.
- AOP (Association of Person).
- In case of Artificial person (like Company), the application signed & filed by the Authorised person or Director or Board of Directors & Design registered on the name of the Artificial person.
- The applicant shall be made Design registration Application with the Design registering authority through online mode by attaching the DSC (Digital Signature) or By offline mode by physically submitting the application along with Demand Draft of government fees with Designated Design department or by sending through speed post or courier.
- The Design application shall include the details of Design, Business Activity, Importance, Power of attorney, Copy of Design.
- Registration of a Design can be applied separately or jointly by any person or the assignee or the legal representative.
- If the registration is required through an agent then in that case power of attorney will be required.
- The term “person” as per the Design Registration Act includes a partnership, small entity, firm, and a body corporate.
Cancellation of Design Registration
The design owner can file an appeal to the Controller for the cancellation of a registered design at any time after the design registration. Cancellation of a design registration is made on the following grounds:
• If the design is previously registered in any parts of India; or
• If the design is published before the registration date in India or any other country; or
• If the design is duplicate or not original; or
• If the design is not registered under the Design Registration Act; or
• If the design is not a design as defined under the Design Registration Act under section 2(d).
Statutory Time For The Acceptance of An Design Application
- The time period for removal of the objection, following to examination report, is 6 months from the date of application which may be extended up to further 3 months on a request made in Form-18 with the prescribed fee before expiry of the stipulated period of 6 months.
- An application which owing to any neglect or default of the applicant has not been completed within the stipulated time shall be deemed to be abandoned.
Documents Required For Design Registration
Individual / Proprietor
- Copy of Design
- Registered office of Business.
- Identity Proof (Driving License or Passport or Voter ID or Aadhar Card).
- Address Proof (Mobile Bill or Electricity bill or Bank Statement).
- PAN Card (Mandatory).
- Passport is mandatory for Foreign National or Non-Resident India (NRI).
- Business Objective.
- Importance of Business.
- Ownership proof of Business (MSME / SSI certificate).
- Signed Power of Attorney.
- Mobile No.
- Email Id.
Company / LLP / Partnership Firm / Society / Trust / HUF
- Copy of Design
- Certificate of Registration of Business.
- MOA / Bye Laws / Partnership Deed / Trust Deed.
- Resolution for Authorized person.
- Registered Office.
- PAN Card of Business.
- Identity & Address proof of Authorized person.
- Signed Power of Attorney.
- Grounds of Application.
Application Procedure for Registration of Design
Any person who wishes to register its design under the Design Registration Act is required to submit the following documents to the Estella Consultancy website.
In Form-1 along with the prescribed fees, some information is required which states
- Full name of the applicant
- Address of the applicant
- Nationality of the applicant
- Name of the article.
- Class number and address for service in India.
- The application form should be signed by the applicant or by his authorized agent.
- Representation of the article where drawings, photographs, tracings, or other representations including computer graphics should clearly show the features of the design from different views.
- Novelty and disclaimer (if any) statement in respect of mechanical action, word, letter, trademark, numerals should be validated on each representation sheet which should be duly signed by the applicant and dated.
- If there is an agent then Power of attorney (if necessary).
Registration of Designs
- Every application for design registration In India undergoes an examination of the Design Registration Act and Rules as amended from moment to time.
- The applications are examined in the order in which the application is filed under Section 5 and 44 of the Design Registration Act.
- Defects or objections in the application, if any, noticed during the examination of the application are communicated to the owners of the design or to his agent at the address for service.
- The time period for removal of the objection, following to examination report, is 6 months from the application date which can extend up to further 3 months on a request made with the prescribed fee before expiry of the stipulated period of 6 months.
- An application which owing to any neglect or default of the applicant has not been completed within the stipulated time will be stopped.
Acceptance & Notification
- Acceptance of an application is made when all the faults are corrected. Notification of the Design is made in the Patent Office journal, published every Friday.
- In case the defects as required by the Controller are not corrected, a hearing will be provided to the applicant. After hearing whether the application will be accepted or not will be decided by the controller.
- The Design Owner or his agent aggrieved by the decision of the Controller refusing to design registration may appeal to the High Court. The appeal to the high court must be made within 3 months from the date of the Controller’s decision.
What is the Representation Sheet?
A representation sheet of an article is another document that should be filed along with the application for registration.
- As per Designs Rules, 4 copies of the representation sheet is required for filing the application.
- However, as the process has made electronically, only 2 copies of the representation are required for filing the design application.
- Representation means the exact article representation for which registration is sought.
- A representation can contain one page or more than one page.
- Representation is similar to drawings or photographs, tracings including computer graphics design or design specimens.
- The specimen of the article is required to be submitted to the Controller at the time of examination, in rare cases.
- Photographs must be pasted on the representation sheets with the help of sticky.
- It should not be pasted by other means like stapler, pin, and cello tape.
- Representation should be prepared on a white A4 size paper.
- The figure(s) should be placed in an upright position on the representation sheet.
- The figure should be clearly placed so that it can be viewed properly.
- If the design is applied to a set, the representation sheet will describe different arrangements in which the application is made for design to articles in the set.
- An application is required to be submitted to the controller for design as applied to a set.
- In case, if in representation sheet the name of living persons exists on a design, then the consent of that person is required to be submitted along with the application.
- Legal representative consent is required if the person is deceased or expire.
- The applicant name should be mentioned in the left-hand top corner of the sheet.
- The applicant or agent of the application should be signed and mentioned the date on the representation sheet.
Government Fees for Design Registration
Type of Applicant
Fees (in Rs.)
How to file an application for industrial design Registration?
Step 1 – To check whether any design registration already exists
- We at Estella Consultancy can help you to search whether the design has been previously registered.
- If the registration number is known, it should be filed in Form No.-6 along with the prescribed fees.
- Form No. 7 is required to be submitted along with the prescribed fees if the specimen of the article or representation of the article is filed.
Step 2 – To prepare a representation of the design
- A representation sheet of an article is another document that should be filed along with the application for registration.
- The representation sheet should be prepared on white paper of A4 size, it should be not be prepared on cardboard on any other paper.
- Check whether proper details of the design are mentioned along with the applicant details.
Step 3 – To identify the class of design
- For systematic registration of Designs, the designs are required to be categorized in separate classes.
- The class and sub-class should be mentioned while applying for design registration.
- There are 32 classes and they are further divided into sub-classes.
Step 4 – To provide a novelty statement
- A novelty statement should be included in the representation of a design as per the Design Act in order to specify the claim.
- The novelty statement shall enable speedier examination and it can also provide more specific protection.
Step 5 – To include a disclaimer
- A disclaimer is required to be included in the representation sheet if there is confusion regarding ornamental pattern on an article with a trademark, then you have to suggest any mechanical action or contains words in the article, letters in the articles, numerals in the articles, etc.
Step 6 – To claim a priority date
- If you have applied for design protection in convention countries or countries which are members of inter-governmental organizations, you can claim design registration citing a priority date in India.
- The priority date is the filing date of the design application in any of such countries provided the design application is made in India within 6 months.
Step 7 – To determine the fee to be paid
- Fees can be paid to us via cheque or demand draft or in cash so that we can pay the fees to the relevant department.
- Fees for a design application is Rs.1000 and for renewal of the design, registration is Rs.2000.
Step 8 – To ensure all enclosures are attached
- We file the application after ensuring that all the enclosures of the applicant are duly made with the prescribed fees.
Step 9 – To comply with objections (if any)
- If the Design Office asks for the additional information or clarifications after preliminary examination, we ensure that these are provided promptly.
- This will help the design office to take up your design application for early examination.
Step 10 – Providing full details
- While filing the design application we always make sure that all contact details of the applicant and addresses are clearly filled in.
- This information will help the design office to keep in touch with you and convey decisions.
Related to Design Registration
Design registration (also known as design patent) means protection over the features of shape, configuration, pattern or ornament or composition of lines or colour or a combination thereof applied to any article.
The applicant need to follow the following steps are:-
Step 1:- Choose the Design to be registered;
Step 2:- Do the Design search and ensure that no other similar or Identical or same Design registered in your Design Class;
Step 3:- Preparation of Design application;
Apply for Design registration through Online or Offline Mode to Design Registering authority;
Step 4:- The department intimate you after the registration of the Design.
It’s advisable to you kindly consult the lawyer or expert or professional before applying for Design registration because the Design application shall include various Important clause or provision which is not understandable by a normal person.
Only the creator or originator of the design or their agent, if applicable, may file an application for the design registration.
The purpose of a design registration is to protect new or original designs, to safeguard the designer’s creation, to ensure that the creator, originator, or artisan of a design is not deprived of his bonafide reward.
When applicant applied for online Design registration then class 3 Digital Signature (DSC) required for authentication for a Design application.
The power of attorney is a legal authorisation to the person who is going to file the Design registration application on the behalf of the applicant and its signed and attested by the applicant.
The date of registration of the design in India is the actual date of filing of the design application.
No. Once the copyright has been expired, the registered design cannot be re-register.
The Registered design will be opened for public inspection only after publication in the official gazette, the applicant has to pay the fee of Rs.500 and have to make a request in Form-5 for public inspection.
An industrial design refers to the ornamental or artistic aspect of an article. The industrial design can be the 2-dimensional form which includes textiles, wallpapers, and packaging or it can be a 3-dimensional form that includes domestic goods or industrial goods.
The owner of a registered design or of a design patent has the right to step against infringement for that person from making, selling, or importing articles for commercial purposes.
It is necessary to protect your design so that nobody else can use or exploit your design as you have invested your money and time in the development of the design. Others can avail benefit if you do not apply for protection of design.