B-300 Saraswati Vihar,Pitampura, New Delhi-110034 +918750008585 [email protected]

Design Registeration

Register your Designs for Online Design Protection in India

  • Royalty by Licensing
  • 10 Years Validity
  • Design Protection
  • Commercial Value

Starting at Rs5999./-

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Procedure
Definition
Documents
Type
Reason
Condition
FAQ

Procedure for Design registration


Design Specification

You need to fill our simple company registration form and submit documents for the formation of a company.

Filing of Design Application

You need to email us the required documents.

Answer to examination report and objectionss

Details provided by you will be verified and then we shall apply for name approval.

Departmental Objection Administration

We will mail you the license after regular follow-ups with the Drug Control Department.

Design Registration

Your application for drug licenses along with other declarations is filed to the Drug Control Department by our advocates..

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What is a Design Registration?


The registration and protection of industrial designs in India are managed by the Designs Act, 2000. And corresponding Designs Rules, 2001 that came into power on 11th May 2001 abolishing the earlier Act of 1911. The Design Rules, 2001 was moreover amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last act in Designs Rules came in to overpower from 30th December 2014. That includes a new category of the applicant as a small entity in addition to a natural person and other than a small entity..

The industrial design sees the creation of innovative and original features of new shape, form, surface pattern, embellishment and style of lines or colors used to articles which in the finished state appeal to and are assessed individually. Benefits of Design Registration

A registered owner of the design is called to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He/she can license or sell his design as legal property for a fee or royalty. Registration originally gives this right for 10 years from the date of registration. If the fee for size is not paid for the further period of registration within the period of first registration, this benefit will stop. There is provision for the return is filed within 1 year from the date of cessation in the designated manner.

The registration of a design confers upon the certified proprietor the private right to apply a design to the article in the class in which the design has been registered.

The registration of a design confers upon the certified proprietor the private right to apply a design to the article in the class in which the design has been registered.
Labortary

Documents Required For Company Registration


Power of Attorney for Design filing (Form-21):

Executed in a non-judicial stamp paper of Rs.100 and duly endorsed by the directors of the company.

Classification and description of work:

The Design categories should be picked i.e pattern, shape and describe your design accurately and relatively.

Registration of Design:

4 copies of the Design rendering (art/image/tracing), which is to be precisely the same as the design to be registered.

Supporting Info Sheet:

Information on the design including evidence of first use and priority

Eligibility to apply for Design Registration


While the former Design Rules did not differentiate between different kinds of applicants, the Design (Amendment) Rules 2014, revealed two main kinds of applicants i.e. ‘natural person’, and ‘other than a natural person’. The kind of ‘other than a natural person’ is extra divided into ‘small entity’ and ‘others except for small entity’. It was also stated that any of the 3 categories would have different fees. Thus, the categories of design applicants with varying fees now add: ‘natural person’, ‘small entity’ and ‘others except small entity’.

What is Included In Our Package?


Eligibility Consultation
Document Preparation
Application Drafting
Application Filing
Government Fees

Why register Design?


Legal Protection

The owners of real work can forever protect their work by copyright registration. It supports them upon infringement.


Market Appearance

With design registration, your creative work is gets favored among the crowd in a single go. It can be quickly used for publishing or marketing in the understanding of the customer.


Rights of the Owner

Rights over distribution, adaptation, reproduction, and change of work have been completely charged to the inventor of work.


Worldwide Protection

India endorses or gives the right to the work copyrighted in many other countries and vice-versa. Design registration in India is given protection in multiple other countries.


Makes Work Known

People come to know regarding registered work quickly and it is simply searchable on multiple platforms with the registered database.


Branding or Goodwill

As it is always said, branding plays an essential role in developing your work value. So, registration can even help you to build a sense of goodwill and excellence in the minds of your customers.


Validity Time of the Registered Design


The duration of the registration of a design is originally 10 years from the date of registration. But in applications where the claim to superiority has been allowed, the duration is 10 years from the priority date. This first period of registration may be extended by a further period of 5 years on an application made in Form-3 followed by a fee of Rs. 2,000/- to the Controller before the expiry of the said first period of Copyright. The owner of a design may make an application for such an expansion even as soon as the design is registered

Penalty for the piracy of a Registered Design


If anyone violates the copyright in design for each violation he/she is liable to pay a sum not exceeding Rs. 25,000/- to the registered owner subjected to a height of Rs. 50,000/- recoverable as record debt in respect of any one design. The registered owner may bring a suit for the recovery of the losses for any such violation and for an order against the repetition of the same. Total sum recoverable must not surpass Rs. 50,000/- as contract debt as declared in Section 22 (2) (a). The suit for infringement, recovery of damage must not be filed in any court under the court of District Judge.

Piracy of a Designs

Piracy of design involves the application of a design or its image to any article relating to a class of articles in which the design has been enrolled for sale or importation of such articles without the written permission of the registered owner. Publishing such articles or presenting them for sale with information on the illegal application of the design to them also includes piracy of the design.


Cancellation of Registration of a Design


The registration of a design may be discontinued at any time after the registration of the design, on a request for cancellation in form 8, with a fee of Rs. 1,500/- to the Controller of Designs, on the following basis:

  • That the design has been earlier registered in India or
  • That it has been printed in India or elsewhere earlier to the date of registration.
  • The design is not unique or original.
  • Design is not registrable
  • It is not designed in Clause (d) of Section 2.


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    FAQ


      ‘Design’ relates to the shape, pattern, ornament, style of lines, color, or any other artistic features of a product. It does not refer to any system or principles applied to build the design. The design can be either 2 or 3 dimensional in nature like 3D wallpaper Designs.

      • Complete right upon the new and innovative design
      • An asset of the owner
      • Work as a prima facie evidence in an infringement action
      • Right to trade, transfer and allow the design with comfort

      When a design is registered, copyright is given upon the registered design for a period of 10 years (extendable by 5 years). In this, the owner enjoys an exclusive right over the value of the design in the class in which it’s been registered.

      Unlike copyright protection, the design registration doesn’t preserve any literary or artistic work like books, calendars, stamps, etc. Further, an application cannot be made for designs linked to the national flags, banners or symbols of any country.

      • The owner of a design (including firm and corporate entity)
      • An assignee (either separately or jointly)
      • In the case of an NRI, his lawyer or legal representative

      To qualify for design registration, the design needs to comply with the following qualities.
      • Be new, fresh and unique
      • Not be uncertain, offending, obscene, or different to public order
      • Not have been revealed to the public or printed anywhere
      • Fit only aesthetic characteristics and cannot add procedural or mechanical elements.

      Design registration is valid for a period of 10 years and can be continued for a further term of 5 years with the payment of the necessary fees. The design will end if the extension is not done in time, but can be restored in the by filling restoration application made in1 year from the date of the lapse of the design by Form 4, only for non-payment of the extension fees

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