Design Registration

In the context of intellectual property, a design refers to the visual characteristics of a product that make it aesthetically appealing. These features can include shapes, patterns, configurations, colors, lines, and other visual elements that make the product stand out. A design is only concerned with the appearance of an object and does not include its functional or technical features. For example, the shape of a chair, the pattern on a piece of clothing, or the design of a mobile phone cover, can all be considered designs.

What is Design Registration?

Design registration serves as a mechanism to protect the aesthetic aspects of a product. This is the process by which the designer of a new and original design obtains legal protection for his creation. It is part of a broader intellectual property system that ensures that creators and innovators can secure their rights to their unique creations. For a design to be considered for registration, it must be new and original. This means it must not be published, sold or disclosed to the public before the application date. Additionally, the design must be applied to an article or product. It cannot be a mere idea or concept but must be embodied in a physical object.

The main purpose of design registration is to provide exclusive rights to the designer for a specified period. This means that no one else can use, reproduce or sell a product with the same design without the designer's permission. Registered designs are an essential aspect of the design and manufacturing industry as they help businesses differentiate their products in the marketplace.

Who issues a Design Certificate in India?

In India, the Controller General of Patents, Designs and Trademarks (CGPD™) is the authority responsible for issuing design certificates. This office is under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India. The registration process is governed by the Design Act, 2000, which lays down rules and procedures for the registration of designs. Once the design has been vetted and meets all required criteria, the Inspector General issues a certificate of registration. This certificate serves as proof of ownership and gives the designer exclusive rights over the registered design.

Design registration is very crucial for any person, entity or a business. Here are its benefits:

• Legal protection: Design registration provides legal protection to the designer, preventing others from copying or imitating the design. It grants the designer the exclusive right to use the design in the marketplace.
• Exclusive rights: After registration, the designer receives exclusive rights to the design for a specified period of time. This exclusivity ensures that no one else can produce, sell, or distribute products with the same design.
• Business benefit: Design registration helps a business create a unique identity in the market. Unique and attractive designs can lead to higher sales and greater customer loyalty.
• Increased value of products: Registered designs enhance the product’s aesthetic appeal, which can increase its perceived value and marketability.
• Protection against infringement: In the event of a design infringement, the designer can take legal action against the infringer, seeking remedies such as damages or an injunction to prevent infringement.
• Global recognition: Once a design is registered in India, it can be protected internationally through various treaties and agreements like the Hague Agreement.
• Fostering innovation: Design registration encourages creativity and ensures that designers are rewarded for their innovations. It creates an environment where new ideas can flourish without fear of imitation.

To register a design, certain criteria must be met. These include the following:

• The design should be new and original. It should not have been disclosed to the public in any form, anywhere in the world, before the application for registration was filed.
• The design must be applied to an article. It cannot be a design that is just a concept or an abstract idea. For example, the design of a watch or handbag will be eligible if it is embodied in the actual product.
• The design should not have been registered in the first place. It should not be a reproduction of an existing design or a mere changes of an existing design.
• Design should not be determined solely by the functional or technical requirements of the product. If the design is purely functional and does not include any visual elements, it is not eligible for registration.
• The design should not be objectionable to public morality or contrary to public order. The design should not be against the established public policy of India. For example, designs that promote violence or discrimination will not be registered.
• If the design contains any earlier designs, written consent must be obtained from the original designer.
   

Registering a design requires few documents. Here are some documents:

• Form 1 in the prescribed format (as per Schedule-II of the Design Rules)
• Representations prepared as prescribed under Rules 12, 13, and 14 of the Design Rules and further submitted in duplicate
• Form-21 (Power of Attorney / General Power of Attorney) in original (if filed by Patent Agent/Attorneys) (as in Schedule II)
• If the applicant files a copy of the General Power of Authority (GPA), it must be endorsed with the design application number with which the original GPA was filed.
• If small entity status is claimed, Form-24 in the prescribed format (as in Schedule II)
• With proof of registration under MSME Act 2006 in case of Indian entities
• The above should be accompanied by an affidavit to be submitted by the applicant or an authorized signatory as per rule 42 of the Designation Rules in the case of foreign entities.

The procedure for registering a design involved many steps. Here is the process in short:

• Filing an application: An application for design registration is submitted to any of the five designated authorities: the Controller of Designs Patent Office in Kolkata, or the Patent Office in Delhi, Ahmedabad, Mumbai, or Chennai. When filed in the regional offices, the applications are forwarded to the head office in Kolkata.
• Submission of Form-1: Application must be submitted along with Form-1. The form contains the necessary details such as the applicant's name, address, nationality, and, in the case of a non-natural person (eg, a company), the place of incorporation and legal status of the entity.
• Payment of fee: A fixed fee has to be paid at the time of submission. The amount varies depending on the nature of the design and the class under which the design is being registered.
• Classification under the Locarno classification: The subject matter that evokes the design must be classified under the appropriate class and subclass according to the Locarno classification system, which classifies the design based on the type of product or subject matter.
• Design representation: Applicant must submit a design representation. For two-dimensional designs, two copies are required. A three-dimensional design requires multiple views, including front, back, top, bottom, and sides. This ensures a clear understanding of the design from different angles.

Once a design is registered, the designer gets exclusive rights to it for an initial period of 10 years. After that, the registration can be renewed for an additional period of 5 years, meaning the total period of protection can last up to 15 years. Renewal is an essential part of maintaining the uniqueness of the design. If the registration is not renewed, the design will no longer have legal protection. To renew the design, the designer must file a request with the Design Office before the initial 10-year period expires. The renewal fee must be paid with the renewal application.

The fees for design registration in India vary based on several factors, including the type of applicant (individual or company), the number of designs being registered, and the class under which the design falls. The registration process typically involves filing an application along with the prescribed fee, which is subject to change. The fee structure is determined by the Controller General’s Office and is updated periodically. It is important for applicants to check the current fee schedule before applying for registration. In addition to the registration fee, there may also be fees for renewal, amendments, or assignments of the design. The fees for renewal are typically lower than the initial registration fees and are applicable for each subsequent term of registration.

Corpseed is one of the top consulting firms, offering comprehensive assistance in the design registration process, guiding businesses through the necessary steps. We provide expert advice and support, ensuring the design is eligible for protection under intellectual property laws. Corpseed helps by conducting a thorough review of the design to confirm it meets all legal requirements. Additionally, we assist in preparing and filing the application with the appropriate authorities, ensuring all documentation is accurate and complete. Some key ways Corpseed can help include:

• Offering guidance on whether the design qualifies for registration and explaining the benefits of protecting it.
• Helping with the preparation of all required documents, including the design representation and other formalities.
• Ensuring the registration application is filed correctly with the relevant authorities to avoid delays.
• Providing support in case of objections or disputes related to the registration process