Design Registration
Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.
Eligibility Criteria
- Any person or the legal representative or the assignee can apply separately or jointly for the registration.
- The term “person” includes firm, partnership, small entity, and a body corporate.
- In the case of an NRI, his agent or legal representative need to apply for Design Registration.
Essential requirements for registration
A design should:
- Be new or original
- Not be disclosed to the publication in tangible from or by use or in any other prior to the filing date, or where applicable, the priority date of the application for registration
- Significantly distinguishable from known design or a 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 the public order
Documents required for Design Registration Application
- Duly filed Checklist
- Representations should be prepared as prescribed under Rule 12, 13and 14 of The Designs Rules and should be submitted in duplicate.
- Power of authority/General Power of authority in original
- MSME Registration Certificate (If Registered under MSME).
- Original Priority document under Rule 15 of The Designs Rules.
- Authenticated English translated copy of the Priority document (if original priority document is other than English)
- Assignment in original (if the applicant of priority application in convention country is different from Indian applicant).
Process for Design Registration
The application to register a design applied to Controller Designs Patent Office in Kolkata.
The application for design registration must be filed with Form-1 along with the following details:
- Name of applicant
- Address of the applicant
- Nationality of the applicant
- In the case of a company, information regarding the place of incorporation and the legal status of the entity
- The required fee is applicable
- The class and the sub-class of the article under the Locarno Classification, of the article embodying the design
- The name of the article to which the design is applied upon
- Representation of the design
• In the case where the design is two-dimensional, two copies of the design are to be submitted.
• In the case where the design is three-dimensional, two copies of the design from the viewpoint of the front, back, top, bottom, and the two sides must be submitted.
• Further, the applicant must also highlight the unique features of the design that sets it apart from any other existing designs.
If the application is to register the design in more than one class, each class of registration must have a separate application.
- Statement of disclaimer or novelty must be attached to each representation with respect to mechanical processes, trademark, numbers, letters, etc. it should also be endorsed and duly signed and dated on each representation by the applicant or the authorized person on behalf of the applicant.
How S.K. Agrawal & Co. Helps in Design Registration?
With S.K. Agrawal & Co., you can register your Design seamlessly. You can register your Design in just 4 simple steps:
Step 1: Confirmation Mail Acceptance of our Proposal
Send confirmation mail at our email id regarding acceptance of our Proposal for Registration of Design. You can request a callback or directly call to our expert on phone number provided at our website. Our experts will contact you and clear all your queries.
Step 2: Send the Documents on our Email Id
Send below-mentioned documents on our email Id to Register your Design:
- Duly filled Checklist.
- Duly notarized and signed Power of Attorney.
- Proposed Design Photographs
- Other Documents/Information
The Trade Mark Assignment from S.K. Agrawal & Co. is completely online and thus, you can save time and money as you need not have to visit our office. If you want to visit to our office you are most welcome.
Step 3: Document Verification by our Experts Team
Our expert team will verify the documents uploaded by you.
Step 4: Our Experts Team will File Forms to the concerned Registry/Authority to Register Your Design
After the Design registration forms are filed to the concerned Registry/Authority portal, the Registry/Authority will verify the forms submitted by our expert team.
Service Area
We provide strategic and qualitative advisory services to all our clients from domestic to international organizations, small, medium and large sized enterprises, assisting them with their incorporation and quality management services so they can establish their business successfully globally. To help them deal with their tax issues, financial and legal requirements we provide all support for post incorporation services, so they are able to run their business seamlessly. We are based at New Delhi and Faridabad, but our wings are spread to serve clients across the globe. Customer Satisfaction, Quality of Service and our Turnaround time are the drivers of our enthusiasm and success. We are continuously serving our client at Faridabad, Delhi, Gurgaon (Gurugram), Noida (Gautam Budh Nagar), Sonipat, Panipat, Palwal, Jind, Karnal, Meerut, Kolkata, Mumbai (Bombay), Pune, Bangalore, Nasik, Aurangabad, Nagpur, Ludhiana, Amritsar, Mohali, Hyderabad, Kanpur, Agra ,Rudrapur, Haridwar, Jamshedpur, and many other Industrial Areas.