Introduction to Design Registration
Design registration is a form of intellectual property right governed by the Designs Act, 2000. It safeguards newly created shapes, configurations, patterns, and compositions of lines or colors applied to an article through an industrial process, preventing counterfeiting and unauthorized use.
Conditions for Design Registration
- New and Original: The design must be newly invented and original in nature.
- Feature-Based: It should relate to features, configuration, shape, pattern, or ornamentation applied to an article.
- Industrial Application: The design must be created through an industrial process.
- Visible Appearance: The design should be clearly visible on the final product.
- Distinct from Other IP Rights: It must not overlap with trademark, copyright, or patent registration.
Eligibility Norms for Design Registration
To qualify for design registration, the design must meet the following criteria:
- New and Original – The design must not have been published or registered before.
- Distinctiveness – It should not be identical or too similar to any existing design or a mere combination of known designs.
- Non-Mechanical – The design should not be a purely mechanical contrivance.
- Public Order Compliance – It must not be against public order or morality.
Who Can Apply for Design Registration?
Any individual, company, proprietor, or legal entity claiming to be the owner of a new and original design that has not been previously published and does not contradict public morality can apply for design registration. Additionally, an authorized agent or a design registration consultant may apply on behalf of the owner.
Documents Required for Design Registration
- Applicant’s Name & Full Address
- Certified True Copy of Power of Attorney (if applicable) – Signed by the proprietor, partner, or director of the company
- Affidavit – Stating the truthfulness and verifiability of the design
- Priority Document – If the design has been previously registered or applied for in another country
Information Required for Design Registration
To apply for design registration, the following details must be provided:
Applicant’s Name, Address, and Nationality
If the applicant is a company or legal entity, documentary proof confirming its legal status and place of incorporation is required.
Article Name
The name of the article to which the design will be applied.
Novelty Statement
A short and precise statement defining the unique and novel features of the design.
Class/Category of the Article
The design classification under which the article falls.
Applicant’s Details
- Name(s), age, address(es), and nationality(ies)
- If multiple applicants, state whether they are partners in a firm or directors of a company.
Power of Attorney Details
Name, address, designation, and nationality of the person authorized to sign the General Power of Attorney.
Process for Design Registration
The design registration process involves the following steps:
1. Application Submission
Submit an application with:
- Applicant details (individual or company)
- Article name and description
- Claim of novelty
- Images or drawings of the article (optional but recommended)
2. Application Review & Acceptance Identity Proof for Trustor & Trustees
- The application is examined by the Design Office.
- If any objections are raised, the applicant must resolve them to the satisfaction of the department.
- Upon approval, a Certificate of Registration is issued, granting copyright over the registered design.
3. Publication & Validity
- The registered design is published in the official journal.
- The design registration is valid for 10 years and can be extended for another 5 years upon payment of the renewal fee.
Benefits of Design Registration
- Legal Protection – The registered owner gains exclusive rights to use, sell, or license the design.
- Business Asset – Becomes an intellectual property and intangible asset for the business.
- Enforcement Rights – Owners can take legal action against infringement or unauthorized use.
- A Design Registration Consultant can handle the entire process and ensure compliance with legal and ethical standards.