What are the documents needed for Design registration?

What are the documents needed for Design registration?

Legal & Compliance

Vakilsearch Staff

Vakilsearch Staff

9 Jun 2022, 11:05 — 6 min read

The Design Act, 2000 throws light on the set of documents needed for design registration. At the office of controller general of patents, designs, and trademarks to protect against counterfeiting by ensuring that a product’s design has a new shape, configuration, pattern, composition of lines, or a particular combination. As required by the Act, a design may be registered if it has a unique shape, configuration, pattern, composition of lines, ornament, or a particular combination.

Each company has its own unique needs when it comes to designing and printing its products. Whether you are manufacturing a single type of product or have a team of designers working on different projects, having the correct materials and equipment is essential. This article covers all the details you need to know about product registration documents, including what they are, who should be filing them, and how exactly they can help your business.

 

What is a Design?

The design includes features, shape, pattern, configuration, or composition, for any set of lines or colours applied to goods. The Designs Act, 2000, came into effect on 11 May 2001, and the Design Rules, 2001 govern India’s design registration. 

The visual appeal of a design is covered by the Design Act, but it does not include any mode of construction, mechanical device, artistic work, or any other feature that is part of a mode of construction or a merely mechanical device. The Trademarks Act and the Copyright Act also include trademark protection for works that are covered under them. Furthermore, the design registration is made for a single kind of article based on a classification system specified in the third schedule of the Design Act.

A design registration lasts for ten years from the date of registration and may be extended for five years on request. The date of registration is the same as the date of filing the priority application. In conventions, however, an application that was filed previously in a country may also claim priority from an earlier application.

 

Also read: Industrial Design registration process

 

What are the Design registration criteria? 

  • The Design Act, 2000 stipulates that a design must not have previously been utilised or published in any country before it is applied or registered
  •  The design must comprise its features, as well as shape, arrangement, pattern, composition, and decoration. It may not be restricted merely by the eye
  • Moreover, the process or method of creation and application is not relevant
  • There should be no artistic works, domain marks, or brandings belonging to other companies in the design

Even though there are significant differences between your design and the other designs that have already been registered, the design cannot be registered if it breaches any one of the above criteria.

 

What documents are required for a Design registration?

The following documents must be presented for design registration:

  •  A duly well-certified copy of the original or certified extracts from all disclaimers
  • All affidavits
  • All declarations
  • Any other public documents may be made available on payment of a fee. 

You must submit the affidavit in the proper format. The controller regulates the costs associated with the design registration process.

  • A non-judicial stamp paper of ₹200 and properly signed by the owners or managing partners of the company (form-21 for agents and advocates, otherwise a general power of attorney must be obtained) is used to register 
  • Four copies of the design
  • Photographs, drawings, or tracings of the design has to be submitted
  • The design must be shown on an A4-sized paper with proof of use and priority.

The Design (amendment) Rules, 2014 defined two segments of applicants:

  • Individuals, and
  • non- Individuals.

The different fee structures are imposed on applicants who are classified according to their category. The small business benefit is a reduced fee for applying for design registration. It is a legal right for the design certificate holder to prevent other individuals from using the design without his permission. 

Whenever a third party uses the design without intimating the holder of the design, the holder of the design can sue the infringer in court for damages. This gives him the right to receive payment for violating his right over the design usage.

 

What are the advantages of Design registration?

  • An accurate design makes any article attractive as well as appealing, to enhance its commercial value and marketability. Moreover, the marketability of the product is increased by making it attractive
  • The owner of any design can sue any individual or business for copying or imitating it, if the design of the product is deemed original and authentic
  • Design registration protects the image or diagrammatic representation of products or packaging. The other party contesting the legitimacy of copyright must prove it if necessary

A design registration can be regarded as the perfect alternative to prove a copyright’s legitimacy. When a designer makes something unique and creative for its product, it adds individual character to the design. Its uniqueness has its origins in the market, which enables it to establish its niche among all the existing brands.

Also read: 5-step guide to trademarking your brand

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Image source: Canva

 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views, official policy or position of GlobalLinker.

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