How to get a Design Registration?

A design registration main objective is to protect the patterns, shapes, ornaments, or features. It more often protects intellectual property. The design can be of any type like it can have three-dimensional features, such as the configuration of an article or shape of an article, or it can have two-dimensional features that involve ornaments or patterns. Patterns and embellishments are engraved, embossed, or placed upon an article to make it look more glamorizing. Under the Design Act, 2000, shape, pattern, or ornament or color combination used in the article is registered. Scroll down to check more information regarding Design Registration.

Who can apply for Design Registration?

The following are the specified person who can apply for the registration:

• An assignee.
• The proprietor of any design.
• NRI’s agent or legal representative (in case of an NRI).

What are the benefits of Design Registration?

An applicant can avail of all the benefits by registering his/her design. Below is the list of benefits:

• With this registration's help, your design is protected, and the owner or author can sue the other business or entity who copied or imitated the design.
• It adds individual character to the design, and the uniqueness has its approach in the market that helps to form its position or place between all the existing products.
• A proper design makes any ornamentals and articles attractive and appealing. It also enhances its commercial value and marketability of the product.

What is the difference between Trademark and Design Registration?

The design must be protected and registered under the Design Act, 2000, and also needs to fulfill the following criteria:

• The design must not be used or published in any country before the date of registration.
• The design should not include property marks, trademarks, or artistic works.
• Your design should not match to other designs that have already been registered.
• The method of creation and application is entirely irrelevant, and it should not only appreciated by the eyes.
• It should not attract the provision of Section 4 of the Design Act, 2000.

The following are the necessary documents required for the registration:

• All Affidavits.
• Name, designation, address, and nationality of the person who is signing a power of attorney.
• Name, address, nationality, and age of the applicant.
• Proper Declarations.
• A copy of the original or certified copies of the extracts from all disclaimers.
• Any other public documents can be made available after the payment of the prescribed fee.

An applicant must file the affidavit in the paragraph form, and the affidavit must consist of verifiability and declaration of truth. As per the fourth schedule's provisions, the cost involved in the registration process is regulated by the controller.

The design registration procedure is as follows:

• Check for past registration: The first step is to check if you have registered your design in the past, for that you have to file an application to the Patent Office. So, you have to register as soon as possible because it works based on the first-to-file rule.

• Application: After checking, write an application and provide the details like name and address, whether you are an individual or a company.

• Verification and approval: After applying, the Patent Officer will examine it; if they didn't find anything wrong, then they approved it, and later certificate of registration will issue to the applicant. This whole process could take around a year in the event of complications.

• Registration of Design: Once your design is registered, then it makes an entry into the Registrar of Designs, it consists of the date of filing, design number, class number, name, and address of the proprietor. The register of design is a document that is maintained by the Patent office.
• Duration of the Design: The validity of the registered design is ten years, and it can be extended to five years.
• Priority Claim: India is one of the members of the Paris Convention; it means the arrangement for the privilege of need is relevant. So, an applicant can apply for design registration in other countries for a similar design by considering the date of filing the primary application.
• Design Infringement: If there is any infringement proprietor, then the owner has the right to take action against the party and can also claim damages.  The opposite party has to pay Rs. 25000 for any damage caused by him or her.

If anybody contradicts the copyright in a design, then he/she is subject for each offense to paying a sum of Rs. 25000/- to the registered proprietor to a limit of Rs. 50,000/- recoverable as agreement obligation regarding anyone's plan. All out total recoverable will not surpass Rs. 50000 as agreement obligation in Section 22(2) (a).

It is mandatory to register a design before applying to a product for commercial sale. It helps to avoid the loss of copyright protection for your design. Things like pattern, ornament, configuration, colors, shape, or combination used in the articles are protected under the Design Act, 2000.Add paragraph text here.