Facebook Instagram

Design Registration

Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark or property mark  or artistic work.

Requirements for design registration

A design should:

  • Be new or original
  • Not be disclosed to the public anywhere by publication in tangible from or by use or in any other way prior to the filling date, or where applicable, the priority date of the application for registration
  • Be significantly distinguishable from known designs or combination of known designs.
  • Not comprise or contain scandalous or obscene matter
  • Not be a mere mechanical contrivance
  • Be applied to an article and should appeal to the eye
  • Not be contrary to public order or morality

 

Procedure for filing Design registration

  • Finding out whether any registration already exists
  • Preparing a representation of the design
  • Identifying the class of design
  • Providing a statement of novelty
  • Including a disclaimer
  • Claiming a priority date
  • Determining the fee to be paid
  • Ensuring all enclosures are attached
  • Complying with objections (if any)
  • Providing full details

Advantages & Renewal procedure of Design registration in India 

The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in the the design has been registered. A register proprietor of the design is entitled to a better   protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license his or sell his design as legal property for consideration or royalty. Registration initially confers this right to 10 years from the date of registration. It is renewable for further period 5 years. If the fee for extension is not paid for the further period of registration within the period of initial registration, this right will cease. There is provision of a lapsed design if the application for restoration is filled with in one year form the date of cessation in the prescribed manner.

Exclusion from scope of design

Designs that are primarily literary or artistic in character are not protected under the designs act. These will include:

  • Books, Jackets, calendars, certificates, forms and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals
  • Labels, tokens, cards, cartoons
  • Any principle or mode of construction of an article
  • Mere mechanical contrivance
  • Buildings and structures
  • Parts of articles not manufactured and sold separately
  • Variations commonly used in the trade
  • Mere workshop alterations of components of an assembly
  • Mere change in size of article
  • Flags, emblems or signs of any country
  • Layout designs of integrated circuits