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Design Registration

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Following are the essential requirements for design registration in India:

  • The design should be new or original, not previously published or used in any country before the date of application for registration
  • The design should relate to features of shape, configuration, pattern or ornaments applied to an article

Required Documents

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Details of name and address of applicant: KYC of applicant

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Certificate of incorporation (in case of company/LLP)

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Copy partnership deed/ LLP agreement (in case of partnership/LLP)

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If the applicant is a startup- Certificate obtained from Government of India

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Description of the ‘Article’ along with the identification of the class as per the classification

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Image/drawing of the article

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Other declarations and affidavits

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Certificate of incorporation (in case of company/LLP)

Design registration is a type of intellectual property protection, under which a newly created design applied to an article can be protected from counterfeiting. Design registration provides the creator, exclusive rights over use of the design for a period of 10 years. Such registration can be further extended for a period of 5 years by submitting an application in Form-3 before the expiry of the initial period along with a fee of Rs. 2,000

Who is entitled to get Design Registration??

Any proprietor (design owner) who is seeking registration of a design that is original and not published previously in any country and the one which does not seem to be clashing to any law and order of the country, can file an application for getting the design registered. As per Section 2(j), the term ‘proprietor’ has been defined as the person who:

  1. Is the author of the design
  2. Has acquired the design for a valid consideration and
  3. Anyone to whom that design has been devolved from the original titleholder

Essential requirements for Design Registration:

Following are the essential requirements for design registration in India:

  • The design should be new or original, not previously published or used in any country before the date of application for registration
  • The design should relate to features of shape, configuration, pattern or ornaments applied to an article
  • The features of the designs in the finished article should appeal to and are judged solely by the eyes. The methods or process of creation and application is irrelevant
  • The design should not include any trademark or property mark or artistic work as defined under the Copyright Act, 1957
  • For a design to get registered, it should be significantly distinguishable from design or a combination of designs already registered or pre-existing or disclosed to the public

Required Documents

Details of name and address of applicant: KYC of applicant

Certificate of incorporation (in case of company/LLP)

Copy partnership deed/ LLP agreement (in case of partnership/LLP)

If the applicant is a startup- Certificate obtained from Government of India

Description of the ‘Article’ along with the identification of the class as per the classification

Image/drawing of the article

Other declarations and affidavits

Certificate of incorporation (in case of company/LLP)

Frequently Asked Question

Step by Step procedure of registration

Step by Step procedure of registration

Step-I: File an application in Form-1 along with the prescribed fees with the Controller of Designs, The Patent Office at Kolkata or at any of the four branch offices located at New Delhi, Mumbai, Chennai or Ahmedabad. Application filed at branch offices is transmitted to Kolkata head office for further processing

Application should contain the following details:

  • Name, address and nationality of the applicant
  • Legal Status & place of incorporation (if the applicant is not a natural person)
  • Class and sub-class of the article under the Locarno Classification, of the article embodying the design
  • Name of the article to which the design is to be applied
  • A statement of novelty should be attached, which refers to a statement that how the design is unique. It should be duly endorsed and signed and dated on each representation by the applicant or his authorized person
  • Representation of the design:- In the case where the design is two dimensional, two copies of the design are to be submitted. In the case where the design is three dimensional, two copies of the design from the viewpoint of thr front, back, top, bottom and the two sides must be submitted
  • If the application is to register the design in more than one class, each class of registration must have a separate application

Step-II: After the filing of application, it is examined by the Controller of Design. A detailed evaluation of the application is conducted

Step-III: If any objection is found, the applicant is asked to make necessary amendments to get the design registered and nullify objections. The applicant gets an opportunity to file a written response. If the controller finds the written response satisfactory, the application is accepted. If the controller has an objection, an opportunity of hearing is given before rejection of the application

Step-IV: Once all objections are removed, the certificate granting registration of design is issued by the Design office which is valid for ten years from the date of registration

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