Design Registration

INR 7899 All Inclusive

MSME

  • Design Filing
  • One Article
  • Individuals & MSMEs
INR 12899 All Inclusive

REGULAR

  • Design Filing
  • One Article
  • Non-MSMEs

Design Registration: Safeguard Your Unique Creations

Design registration is an essential process that provides legal protection for your innovative designs, categorizing them as intellectual property. By registering your design, you gain exclusive rights over its usage for a decade, with the possibility of extending this protection for an additional five years. At Allycon, we specialize in making the design registration process seamless and efficient, ensuring your intellectual property rights are upheld and your creations are fully protected.

Reach out to Allycon’s Experts Today
Partner with us to make the registration process smooth, hassle-free, and tailored to your needs.

Design Registration - Governing Law

Design registration in India is governed by the Designs Act, 2000 and the Design Rules of 2001. This modern legislation replaced the earlier 1911 Act, aligning with global standards for design protection. Significant amendments have been introduced through the Designs (Amendment) Rules of 2008 and 2014, which, among other changes, introduced a new applicant category for small entities, expanding protection to a broader range of applicants.

Definition of a Design

Under Section 2(d) of the Designs Act, 2001, a design is defined as the distinctive elements of shape, pattern, configuration, composition, or ornamentation, whether applied in two or three dimensions. These designs are judged solely on their visual appeal to the eye and can be applied through various industrial processes, including manual, mechanical, or chemical techniques. It’s important to note that design registration does not cover construction principles or functional mechanics.

Basic Requirements of Design Registration

To qualify for design registration in India, your creation must meet the following criteria:

  1. Innovation and Originality:
    The design must present a fresh, unique aspect. While combinations of existing designs may qualify, the final outcome must offer a distinct visual appeal.

  2. Non-disclosure:
    The design must not have been previously published, used, or exposed to the public, either domestically or internationally.

  3. Application to an Object:
    The design must be applied to a specific product or object. Standalone or abstract designs that do not pertain to a physical item cannot be registered.

  4. Public Morality and National Security:
    The design must not violate public sentiments, national values, or security interests. Any designs deemed offensive or inappropriate will be rejected.

Exclusions from Design Registration:

Certain items are explicitly excluded from design registration, including:

  • Literary or Artistic Works: Books, calendars, and other similar artistic works fall under copyright law, not design registration.
  • Architectural Structures: Buildings and other structures cannot be registered as designs.
  • Geographical Representations: Maps and similar depictions are not eligible for design registration.
  • National Symbols: Designs imitating flags, emblems, or national signs are prohibited.

Who can Apply for Design Registration?

Design registration is open to:

  • Individuals: Including their legal representatives or assignees.
  • Firms and Corporate Bodies: Partnerships, small entities, and companies can apply.
  • Non-Resident Indians (NRIs): Applications must be submitted through an authorized agent or legal representative.

Documents Required for Design Registration in India:

To apply for design registration, the following documents are required:

  1. Applicant’s Details: Full name and address.
  2. Legal Status: Indicate whether the applicant is an individual, company, etc.
  3. Startup Certificate: If applicable, startups must provide proof of their registration.
  4. Article Description: A detailed description of the article to which the design is applied, including classification.
  5. Visual Representations: At least four images or drawings showing the article from multiple angles.

Benefits of Design Registration in India

The advantages of design registration include:

  1. Legal Protection: Prevents others from copying or using your design without permission.
  2. Validity and Renewability: Protects your design for 10 years, extendable for another 5 years.
  3. Competitive Advantage: Registered designs differentiate your products in the marketplace.
  4. Assured Originality: Registered designs are guaranteed to be original and not previously used in any WTO member nation.
  5. Customer Appeal: A visually distinctive design can attract and engage consumers, enhancing brand recognition.
  6. Innovation Encouragement: Fosters a culture of innovation and distinctiveness within industries.

Procedure for Design Registration in India

The design registration process involves the following steps:

  1. Design Search: Conduct a comprehensive search to ensure the novelty of your design.
  2. Application Filing: Prepare and submit the application with all required documents.
  3. Application Examination: The Indian Design Office will review the application to ensure compliance.
  4. Official Gazette Publication: Once accepted, the design is published in the Official Gazette, allowing the public to raise objections, if any.
  5. Registration Approval: If no objections arise or are resolved, the design is registered, and a certificate is issued, valid for 10 years.
  6. Renewal: After 10 years, the design registration can be renewed for an additional 5 years.

Allycon: Your Trusted Partner in Design Registration

At Allycon, we are committed to providing expert guidance through every step of the design registration process. From conducting thorough design searches to handling documentation and submission, our team ensures that your registration is smooth and error-free.

Ready to protect your design?
Talk to our experts at Allycon today to get started! Your creations deserve the best protection, and we’re here to make it happen.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.