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Updated on 31 May 2020 9.00 AM IST | 4 min read
What is Design registration?
Every individual who wants to protect his or her design i.e. original shapes, ornaments, patterns, composition of colours & lines applied to any product must go for design registration. It is an intellectual property protection given to applicants in order to protect their newly created designs from counterfeiting.
What Is Included In Our Package?
Eligibility Criteria of Design Registration?
A design must comply with the following qualities in order to qualify for registration –
- Design should be new, original & unique.
- It should not be published or publically disclosed anywhere else.
- It should not be obscene, offending, controversial or contradictory to public order.
- It is applicable only to aesthetic characteristics and cannot include procedural or mechanical elements.
Who can file application for Design Registration?
The following persons can apply for design registration –
- Proprietor or the owner of the design (including firm & corporate entity)
- Any assigned person (either separately or jointly)
- His agent or legal representative (In case of NRI)
Documents required for Design Registration
Documents required for design registration are as follows –
- Name & address of the applicant
- Age & nationality of the applicant
- 10 prints or photographs of the design from different angles which clearly reveals the shape, size and configuration of the design.
- Written proof of priority (If any)
- Name, address, designation & nationality of the signature authorities of general power of attorney.
- Power of attorney signed by the proprietor, partner, one of the directors of the company.
- Copy of memorandum of understanding (MOU) & articles of understanding (MOU) or copy of partnership deed.
Validity of Design Registration
The validity of design registration is 10 years which can be extendable for 5 years. Therefore, the total time period is 15 years.
Why Register your Design?
It is important to register your design because of the following reasons –
- It is your statutory right to take control over your designs.
- It prevents your design from producing, importing, selling or distributing identical products and save you from any fraudulent activity.
- The validity of the registration period is 10 years which can be extendable to 5 years more.
- It is an asset & can be licensed.
- It gives you a unique selling point.
Filing of Design Application
Design application can be filed in any of the patent offices –
Kolkata (receiving & examination office)
Can a Design Registration be cancelled?
- If the design is unoriginal
- If the similar design already exists
- If the design is already published in India
- If the design is already published in any other country before the registration date.
- If it does not comply with the characteristics of design as mentioned under the design act.
Benefits of Design Registration
The benefits of design registration are given below –
- Exclusive rights to the design owner over his or her original & unique design.
- An asset of the proprietor or an owner.
- It serves as evidence in an infringement suit.
- Registered owner contains the right to sell, transfer & license the design.
- Registered owner can begin a legal proceeding in case of third party infringement.
Limitations of Design Registration
The design registration involves the following limitations -
- It only protects the pattern or features of the design not the method of operation.
- Any competitor can use the design with certain modifications.
- Any individual can have same functions or similar functions of products as it only protect others for applying to the same design features.
How Finacbooks help in Design Registration in India?
Finacbooks is a leading Indian portal providing accounting, finance & taxation services to small businesses. We are having more than 10 years of experience helping individuals in providing design registration at a least possible price. We will guide you through the entire process of design registration. To avail the best deals on design registration, kindly call us at 8800221252 or you can also e-mail us at email@example.com