Step-by-Step Process for Design Registration in India

Design registration is essential to protecting a product's unique visual appearance. It helps prevent others from copying or imitating your design and gives you legal rights to its exclusive use. Below is a step-by-step guide to applying for design registration in India.

Step 1: Understand Design Registration

Before proceeding with the application, it's essential to understand what a design is. As per the Indian Designs Act 2000, a "design" refers to the shape, configuration, pattern, or ornamentation applied to any article that is appealing to the eye. It does not cover the functional aspects, just the appearance.

Step 2: Eligibility Check

Ensure that your design meets the following criteria:

• Novelty: The design must be new and original.
• Originality: It should have been kept from the public in any format before the application date.
• Applicability: The design should be applicable to an article by an industrial process and not be a mere artistic work.

Step 3: Prepare Required Documents

To file for design registration, you will need to gather and prepare:

• Form-1: Application form for registration.
• Representation Sheets: These contain the views of the design (top, bottom, front, back, etc.). The design should be represented clearly, showing all angles.
• Power of Attorney (if filed through an agent).
• Priority Document: If you are claiming priority from a previously filed application abroad.

Step 4: Classification of Design

The design should be categorized according to the Locarno Classification, which organizes industrial designs into various classes based on the nature of the product. Select the appropriate class under which your design falls.

Step 5: File the Application

Once your documents are ready, you can file the application either online or in physical form at the Design Wing of the Patent Office, Kolkata. You can also file at branch offices in Delhi, Mumbai, and Chennai.

• Online Filing: You can apply via the official e-filing portal of the Indian Patent Office. A digital signature is required for online submissions.
• Physical Filing: Submit your application to the appropriate office based in your region.

Step 6: Payment of Fees

Pay the required fees for design registration. The costs can vary based on whether the applicant is an individual or a corporate entity.

• For Individuals: ₹1,000 (standard filing fee)
• For Small Entity: ₹2,000
• For Other Applicants (Companies): ₹4,000

Step 7: Examination of Application

After submission, the design undergoes a formal examination by the Controller of Designs to check for compliance with legal requirements. If any objections are raised, the applicant is given a chance to respond.

• If Accepted: The design is published in the Patent Office Journal.
• If Objected: You will need to respond to the objections within the given timeframe to avoid rejection.

Step 8: Rectification of Objections (If Any)

If any objections arise, you will receive a statement of objections. You must address these by providing suitable clarifications or amendments within the prescribed time limit (6 months from the filing date).

Step 9: Publication and Registration

Once the objections are resolved, or if no objections are raised, the design is registered, and details are published in the Patent Office Journal. Upon successful registration, a Design Registration Certificate is issued to the applicant.

Step 10: Renewal and Maintenance

Design registration in India is valid for ten years from the date of registration. It can be extended for an additional five years upon renewal. A renewal fee must be paid within ten years to extend the registration.

Benefits of Design Registration

• Exclusive Rights: The registered owner has the exclusive right to use the design.
• Legal Protection: You can take legal action against infringers.
• Enhances Brand Value: It helps build recognition and distinguishes your product from competitors.

Conclusion

Design registration is a crucial step for safeguarding a product's aesthetic aspects. Following this step-by-step process will ensure a smooth application, secure your design, and help you protect your business's creative assets.