Design Registration

A layout is a drawing of a plan or anart either two dimensional or 3 dimensional which include shapes, figures, pattern, elements, strains, patterns or shades that depicts the appearance and feature of any product or services. Intellectual belongings refer back to the creative aspects of the mind such as innovations, literary and artwork works, designs, symbols, pics, and so forth., which are included through regulation. Hence, any design of an organization may be under the intellectual assets of the business enterprise. Patents, copyrights, trademarks are examples of such highbrow assets.

To guard highbrow property together with the layout of an employer from any infringement or robbery, the business enterprise is required to register its design on the Patent Office. The design registration will give the owner the prison and extraordinary rights of use of the layout for ten years.

Items that can not be registered as a Design

Item whose design is or consists of any commercial plans, layouts, and installations
Flags and emblems or symptoms of any U. S. A. Can’t be registered
Mere changes or change in the length and orientation or mechanical contrivance of a layout
The design which includes buildings and systems
Labels, cartoons, cards, or tokens that can be made as part of an article
Books, jackets, calendars, certificates, bureaucracy, maps, greeting playing cards, pamphlets, stamps, medals, and so forth.
Requirement for submitting a Design Application

The following are the requirements to satisfy earlier than making use of for design registration.

The design needs to be new or original and now not used in any united states previous to the date of utility.
The design needs to relate to functions of shape, configuration, sample or ornamentation implemented or applicable to an editorial.
The layout must be implemented or applicable to any article via any commercial procedure, implying the bulk manufacturing of a piece of writing. Articles such as portray, sculptures, etc., are excluded from registration.
The layout should be seen to the attention whilst applied or applicable to the object for which it’s far created.
The design has to now not contain any laudatory or obscene remember
It should now not be towards the regulation and order or morality of the general public.
Photos required of layout from all angles.
Procedure for Registration of Designs

Any character or company can apply for the registration of the design. Registration can be done through an agent, in which case, the strength of a lawyer must be filed.

Fill the layout registration application form specifying every detail and duly signing the shape attaching the following documents:
Representation of the item – Drawings and plans displaying the capabilities of the designs from one-of-a-kind perspectives
An announcement of novelty and disclaimer (if any) in appreciation of mechanical action, trademark, word, letter, and numerals need to be recommended on each illustration sheet, which has to be duly signed and dated.
Power of attorney (if any)
The application shape alongside prescribed expenses and documents as soon as submitted to the Patent Office is taken up for examination. If any defects are observed or there are any objections, the applicant is notified to correct the identical and resubmit the application shape within the prescribed time cited via the officers.
An application is regularly occurring whilst all the necessities are met and are notified within the Patent Office Journal.
The Patent Office then registers the design and issues a certificate of design registration to the applicant.

Required Documents for Design Registration

In regard to the Design Registration, following documents are needed:

• Design must be new or original and not used in any region prior to the date of application.
• The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
• The design should be applied or applicable to any article by any industrial process, implying the bulk production of an article. Articles such as painting, sculptures, etc. are excluded from registration.
• The design must be visible to the eye when applied or applicable to the article for which it is created.
• The design must not contain any laudatory or obscene matter
• It should not be against law and order or morality of the public.
• Photos required of design from all angles.

FAQs

How long does the design registration process take?

It takes 3 to 6 months for the completion of design registration process.

What is the validity of the design registration?

A registered design is valid up to ten years, after which it may be extended by five years by the way of renewal process.

Will the design registered be valid outside India?

Yes, the design registered in India will be valid outside India.

Which design cannot be registered?

Designs falling under the following category cannot be registered:

• Not original
• Not significantly different from other designs in the market or registered designs
• Contains laudatory or obscene matter

What is the register of designs?

The register of designs is a document maintained by the Patent Office containing the details of the registered designs such as design number, class number, date of filing, name and address of the proprietor, validity of the proprietorship, etc.

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