Industrial Design Registration

A brief . . .

Design registration is a very power full tool for protection of an artistic or attractive looks of your product. It is the only feature of your product which may compel a consumer to buy your product among other brands of the same product. It protects ornamental or aesthetic feature of a product.

No one can use or copy of your design without your permission. With the help of this registration you may lead the market.

A real protection to the industry.

Benefits

Collective interests. Protective rights.

Exclusive rights on the industrial design application in India.
Can sue for infringement, if required.
The industrial design becomes an intellectual property and can also be sold by the proprietor like any other Intellectual Property Right.
Protection for a period of 20 years in India
The popularity of the industrial design is helpful in the goodwill of the business entity.

Procedure

Filing. Examination. Registration.

Filing online application
Examination of your application by examiner
Filing response to the examination report
Registered and published in journal or refused

Documents required

Just to prove.

Application form (enclosed)
Power of authorization (enclosed on 100 rs stamp paper)
MOU between service provider and Applicant
Detailed Description of the invention
Photographs of the product at different views ( Front, Back, upper, down, Left, Right, )
KYC of the applicant

Why LawDocs?

Designed to support you.

We assist you in understanding the matter.
We brief you the legal procedure.
We just do it and get it done.

Our services includes in design matters are as follows:

Registrations
Assignments
Licenses
Litigation against infringement
Related Agreements or deed drafting etc.

Prices start with 6499/- (inclusive all)

FAQs

What Design Protect?

In India, Design registration is covered under the Designs Act, 2000. In India, functionality is protected under Patents and not Industrial Designs which are meant to protect aesthetic appearance or external ornamental such as patterns, colour, lines, shape or surface of the article

Who may apply for Design Registration?

Any person claiming to be the proprietor of any new or original design may apply for registration. A proprietor may be:

an author of design,
a person who has acquired the design,
a person for whom the design has been developed by the author, or
a person on whom the design has devolved.

A proprietor may be from India or from a Convention Country.

What are the criteria for Design Registration?

A design should:

Be new or original registration
Not been disclosed to the public anywhere by publication in tangible from or by use prior to the filling date, or where applicable, the priority date of the application for registration.
Be much clear from known designs or combination of known designs.
Not contain scandalous or obscene matter.
Not be a mere mechanical contrivance.
Be applied to an article and should appeal to the eye.
Not be contrary to public order or morality.
Not be prejudicial to the security of India

Is it possible to renew the term of the Design Registration?

No. There is no provision for renewing the period of the Design registration once a period of 15 years is over.

Can the Refusal of Design Registration be appealed?

Yes, the jurisdiction lies with High Court.

How to know whether any registration already exists?

Two different forms have to be used in two different situations.

When the registration number is known:

Request can be made by any individual in form 6 along with the fees and mentioning registration number of the design for which information is required.

When the registration number is not known:

Request can be made by any individual in form 7 along with information in his/her possession. Based on such information, controller causes search to be made in class indicated therein as much as possible. Where Form 7 is accompanied by a specimen or representation of the design, such representation or specimen is to be furnished in duplicate.