Design Registration Services | Protect Your Unique Designs

Apply for Trademark Reg.

Protect your unique design for 10 years with just 3 easy steps:

1. Submit Your Design Application: File your application through an online platform.

2. Expert Supervision: Industry experts guide you through the process to ensure everything is in order.

3. Granting of Registration: After approval, your design is protected for 10 years.

The entire process is completely online and straightforward. Protect your intellectual property with ease!

Under the Design Act of 2000, a design is defined as the visual appearance of a product, including its shape, pattern, configuration, lines, and colors, which can be either two-dimensional, three-dimensional, or both. The Act covers various types of designs, whether mechanical, manual, chemical, or a combination of these. Designs are assessed based on their aesthetic appeal, which is judged visually.

In India, design registration is crucial to protect the intellectual property rights associated with an original design. By registering your design, you prevent competitors from copying your unique creation and ensure its legal protection for up to 10 years.

The Design Act of 2000 replaced the previous Design Act of 1911 and sets the rules for the protection and incorporation of designs in India. To safeguard your design’s originality and market value, registration is mandatory.

1. Conduct a Design Search: The first step is to perform a comprehensive search to ensure that your design is original and doesn’t infringe on any existing registered designs.

2. Prepare and File the Application: Once your design is confirmed as unique, we will help you prepare and file the design registration application. This will include submitting required documents like drawings or photographs of the design.

3. Examination of the Application: After filing, the Indian Design Office will examine the application to check if it complies with all legal requirements.

4. Publication in the Official Gazette: If the application passes the examination, the design is published in the official gazette. This gives the public an opportunity to raise objections within a specified period.

5. Grant of Registration: If no objections are raised (or objections are addressed), the Design Office grants registration. You will receive a registration certificate, which is valid for 10 years.

6. Renewal of Registration: After the 10-year period, you can renew the design registration for an additional 5 years. GTS will assist with the renewal process to keep your design protected.

Note: The design registration process can take several months. Patience and careful attention to detail are essential for a smooth registration, and GTS will guide you every step of the way.

To successfully register a design in India, you will need to submit the following documents:

● Required Affidavits:
Legal documents affirming the authenticity of the design.

● Certified Copy of the Original Document:
A copy of the original design document, certified for verification.

● Copies of Disclaimer Excerpts:
Any relevant disclaimers or statements regarding design protection.

● Appropriate Format:
The application should be written in the prescribed format, including a statement of truth.

● Power of Attorney:
A signed power of attorney from the design owner, partners, or directors, especially if the filing is done through an agent or advocate.

● Form 21:
If filed through agents or advocates, this form must be provided.

● Four Different Copies of the Design:
You need to submit four copies of the design along with one image that clearly illustrates the design.

● Fact Sheet:
A fact sheet that includes details of priority use and other design details.

These documents are essential to ensure the smooth processing of your design registration and to protect your intellectual property.

Certain types of designs are not eligible for registration under the Design Act. These exclusions include:

1. Literary or Artistic Works: This includes books, calendars, stamps, tokens, and other forms of creative works that fall under copyright protection rather than design protection.

2. Buildings and Structures: Designs of buildings, architectural structures, or maps are excluded from design registration.

3. National Flags, Emblems, or Signs: Any design that resembles national flags, emblems, or official signs of any country cannot be registered.

In essence, the Design Act is focused on protecting the aesthetic appearance of industrial or commercial products, but it does not extend to these types of creative or symbolic works.

● Initial Validity: A design registration is valid for 10 years from the date of filing.

● Renewal: After the initial 10-year period, the registration can be renewed for an additional 5 years by paying the required renewal fees.

● Restoration of Expired Design: If the renewal fees are not paid on time and the design expires, the design can still be restored.

To Do This:

● Application for Restoration: You must submit an application using Form 4 within one year from the design’s expiration date.

● Approval & Payment: After the restoration application is approved, you will need to pay the renewal fees to reinstate the design’s validity.

● Who Can Apply: Any individual, legal representative, or assignee can apply for design registration.

● Business Entities: Partnership firms, companies, and other corporate bodies are eligible.

● Non-Resident Indians (NRI): NRIs must apply through a legal representative or agent based in India.

This allows a broad range of applicants, including individuals, businesses, and non-residents, to secure design protection in India.

1. Legal Protection: Registration provides legal rights to prevent others from copying, using, or distributing your design.

2. Longer Validity: The design registration lasts for 10 years and can be extended for an additional 5 years.

3. Distinctive Advantage: A registered design gives products a unique and distinguishable appearance, setting them apart from competitors.

4. Maintains Originality: The design must be original and not previously used or published, ensuring that your product is unique.

5. Client Perception: Registered designs are evaluated visually and appeal directly to consumers, enhancing the product’s marketability.

6. Encourages Innovation: The requirement for uniqueness in design fosters creativity and encourages healthy competition.

These advantages ensure that your product stands out in the market while providing legal safeguards.

To check the Design Registration Status in India:

1. Visit the official IP India website: ipindiaservices.gov.in.

2. Look for the Design Application Status section.

3. Enter the Application Number of your design registration.

4. Click on Search or Submit to view the current status of your application.

This will allow you to track the progress of your design registration application and see if it is approved, under examination, or if any further action is required.

1. Designs Act, 2000:
The primary legislation governing the registration and protection of industrial designs in India.
It was enacted to replace the earlier Designs Act of 1911 and came into effect on 11 May 2001.

2. Design Rules of 2001:

The rules laid down under the Designs Act to govern the procedural aspects of design registration in India.

3. Amendments:
The Designs (Amendment) Rules of 2008 and the Designs (Amendment) Rules of 2014 were introduced to update and improve the earlier rules, ensuring the registration process aligns with global standards.

These laws and rules ensure that industrial designs, which involve the aesthetic or ornamental aspects of a product, are properly protected, allowing businesses to safeguard their creative innovations.

1. Common Application:
A standard application for registering a design.
This type of application does not claim any priority over previously filed applications in other countries.

2. Reciprocity Request:
This type of application asserts priority from a design application filed in a convention country (a country that is part of the Paris Convention).
The application must be filed in India within six months of the filing date in the convention country.

Note: The six-month period is strict and cannot be extended.

GTS offers a fast and hassle-free design registration process with expert guidance. Key benefits include:

1. Expert Assistance: Our team helps prepare and file your design registration application.

2. Quick, Online Process: The entire process is done online, ensuring a smooth experience.

3. Efficient Filing: We file your application, provide a design number, and keep you updated on the status.

4. Timely Updates: The examination process takes about 6 months, and we ensure timely follow-ups.

With GTS, you can secure your design registration in just 2 months with minimal effort.

1. What is a Design Registration?

Design registration is the process of legally protecting the visual appearance of a product, such as its shape, pattern, color, and form. By registering a design, you ensure that the design is unique and cannot be copied or used by others without permission. It gives exclusive rights to the owner to use the design in the marketplace, preventing competitors from using similar designs on their products. A registered design is a valuable intellectual property asset that helps protect your brand and business identity.

2. What are the steps to register a design in India?

Steps to Register a Design in India:
1. Design Search: Verify if the design is unique and not already registered.
2. Prepare Application: Gather necessary documents, including design images and descriptions.
3. File Application: Submit the application to the Indian Patent Office.
4. Examination: The Design Office reviews the application.
5. Publication: If approved, the design is published for public objections.
6. Grant Registration: If no objections, the design is registered and a certificate issued.
7. Renewal: Registration is valid for 10 years, with the option to renew for an additional 5 years.
GTS can assist with the entire process.

3. What is the validity of the design registration?

Validity of Design Registration:

Initial Validity: The registration of a design is valid for 10 years from the date of registration.
Priority Claim: If a priority claim is recognized (for example, in cases of international applications), the validity period is extended to 10 years from the priority date.
Renewal: After 10 years, the design registration can be renewed for an additional 5 years, keeping the design protection valid for up to 15 years in total.

The key requirement for the trademark assignment is that it must be in writing, signed by the assignor (the original owner) and assignee (the new owner), and properly executed. After execution, the assignment must be recorded with the relevant trademark office to update the ownership in the official trademark register.

This ensures the assignment is legally recognized and enforceable against third parties.

4. How can I check my design registration status?

To check your design registration status, visit the official IP India website, enter your design application number, and view the status. For assistance, GTS offers legal help to guide you through the process.

5. Why is it important for filing the application for registration of design at the earliest possible?

Filing for design registration as soon as possible is crucial because design rights are granted based on the first-to-file rule. This means that if two or more parties file applications for identical or similar designs, only the first one to be filed will be considered for registration. Early filing helps ensure that your design is protected before others can claim rights to it.

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