DESIGN REGISTRATION
| Basic | Advance |
|---|---|
| ✔ Design Application Filing | ✔ Design Application Filing |
| ✔ Objection Reply | |
| ✔ Professional Consultancy |
Design Registration
Design Registration in India
Welcome to Bharat Filing Point, your one-stop solution for all your business setup and registration needs in India. In this comprehensive guide, we will walk you through everything you need to know about design registration in India, from its importance to the step-by-step registration process.
Introduction to Design Registration in India
Design registration in India is a legal process that protects the unique visual design of a product. This includes the shape, configuration, pattern, or ornamentation applied to an article by any industrial process. By securing design registration, businesses can prevent others from copying or imitating their product designs, thus protecting their intellectual property and market position.
What is Design Registration?
Design registration in India grants the creator exclusive rights to use and market their design for a period of ten years, which can be extended for an additional five years. This not only helps businesses protect their unique designs but also adds value to their products in the competitive market.
Essential Licenses and Registrations for Design in India
When starting a business focused on design, it’s crucial to obtain the necessary licenses and registrations to ensure legal compliance and protection. Some essential registrations include:
- Design Registration
- Trademark Registration
- GST Registration
- Business Incorporation
Advantages and Disadvantages of Design Registration in India
Advantages
- Legal Protection: Prevents unauthorized copying or imitation of your designs.
- Market Position: Enhances brand reputation and marketability of products.
- Monopoly Rights: Allows the holder to use the design exclusively for a set period.
- Asset Creation: Registered designs can be sold or licensed, creating additional revenue streams.
Disadvantages
- Cost: Initial registration and maintenance costs can be high.
- Limited Scope: Protection only covers the visual design, not functional aspects.
- Time-Consuming: The registration process can be lengthy and complex.
Registering a Design Online in India
Bharat Filing Point makes it easy to register your design online through our user-friendly platform. Our team of experts handles all the paperwork and procedural steps, ensuring a hassle-free experience for you.
Importance of Registering a Design Company
Registering a design company provides legal recognition and credibility, helping you attract clients and investors. It also ensures that your business operates within the legal framework, protecting your designs and intellectual property.
Procedure for Design Registration in India
- Conduct a Design Search: Before filing, ensure your design is unique by conducting a design search.
- Prepare the Application: Gather all necessary documents, including design representations and a description.
- File the Application: Submit your application online or at the Design Office with the prescribed fee.
- Examination: The Design Office examines your application for compliance with the Design Act.
- Publication and Registration: If approved, your design is published in the Patent Office Journal and a certificate of registration is issued.
Application for Registration of Design in India
The application for design registration must include:
- Full name, address, and nationality of the applicant.
- Class and sub-class of the design according to the Locarno Classification.
- Statement of novelty.
- Representations of the design (drawings, photographs).
- A fee as prescribed in the Schedule.
Compliance and Maintenance of Design in India
Once registered, it’s essential to maintain compliance by paying renewal fees and adhering to any regulatory changes. Failure to do so can result in the cancellation of your design registration.
Key Steps to Remember for Design Registration in India
- Ensure your design is new and original.
- Conduct a thorough design search.
- Prepare and file the application meticulously.
- Stay updated with compliance requirements.
- Renew your registration timely.
Eligibility Criteria for Design Registration in India
To be eligible for design registration, the design must:
- Be new and original.
- Not have been disclosed to the public prior to the filing date.
- Be applied to an article by an industrial process.
- Be distinguishable by the eye.
Why Choose Bharat Filing Point?
At Bharat Filing Point, we understand the complexities of starting and running a business in India. Our services are designed to provide hassle-free and efficient solutions for all your registration needs. With a strong team of experts, we ensure that your design registration process is smooth and successful.
Do you have questions about how we can help your company?
Send us an email and we’ll get in touch shortly.
- Mail: info@bharatfilingpoint.com
- Website: www.bharatfilingpoint.com
Join us today and experience the convenience and reliability of Bharat Filing Point!
Trademark vs Patent vs Copyright
| FEATURES | TRADEMARK | PATENT | COPYRIGHT |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required for Design Registration in India
To register a design in India, the following documents are required:
- Application Form: The applicant must fill out the prescribed application form (Form 1) and submit it along with the prescribed fees.
- Representation of the Article: The design must be clearly represented on durable paper, such as A4-sized paper, with a suitable margin. This can include drawings, photographs, tracings, or other representations, including computer graphics, that show the features of the design from different views.
- Statement of Novelty and Disclaimer: The applicant must provide a statement of novelty and disclaimer on each representation sheet, which should be duly signed and dated.
- Power of Attorney: If an agent is appointed to file the application, a power of attorney signed by the applicant or their authorized representative is required.
- Priority Documents (if applicable): In case of a convention application, priority documents must be submitted to claim priority from an earlier application in a convention country.
- Identity Proof: The applicant must provide proof of identity, such as a PAN card, Aadhaar card, or any other government-issued ID.
- Address Proof: The applicant must provide proof of address, such as utility bills or bank statements.
- No Objection Certificate (NOC): If the design has been published or used in any other country prior to the date of registration, an NOC from the owner of the design is required.
- Classification of the Design: The applicant must specify the class of the article to which the design is applied1.
- Details of the Person Signing the Power of Attorney: If a power of attorney is provided, the details of the person signing it must be provided.
These documents are essential for the registration of a design in India, ensuring that the design is unique, distinctive, and not contrary to public order or morality. The design registration process is governed by the Designs Act, 2000, and the design registration lasts for ten years from the date of registration, which can be extended for five years upon request.
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