Design Services
Protect your unique designs through our experts who has an expertise in the respective services. From design application filing to FER responses and grant, we earnestly work for protecting your unique design ideas.
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DESIGN FILING
A Design Filing application protects the aesthetic or ornamental aspects of a product, ensuring exclusive rights to its unique shape, pattern, or appearance. Proper classification and documentation are crucial for successful registration.
PricingFER REPLY
First Examination Report (FER) means the examiner may raise objections related to uniqueness of design for grant. An FER Reply addresses these concerns with legal explanations and supporting documents to facilitate design approval.
PricingHEARING
If objections persist, a Hearing is scheduled where arguments and evidence are presented before the authorities to prove the originality and distinctiveness of the design.
Pricing
100%
Trademark
100%
Copyright
100%
Design
100%
Patent
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We have specialist on company legal & tax consultant professional
Our experienced professionals provide tailored IPR solutions, ensuring compliance, protection, and strategic growth for your business.
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Our streamlined approach ensures a hassle-free experience, guiding you through every step with clarity, efficiency, and expert support.
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Our team collaborates efficiently to ensure smooth certification processes. We focus on accuracy, compliance, and timely completion to meet industry standards.
As per the Design Act of 2001, a design refers to the distinctive features of a shape, pattern, or configuration, incorporating lines and colors. It can exist in two-dimensional, three-dimensional, or both forms, in line with industrial standards. Section 2D of the Act further explains that a design may be created through mechanical, manual, or chemical processes, either independently or in combination, and its evaluation is based solely on visual appeal.
Since a design represents an intellectual property of an organization, registering it is essential to safeguard its originality and protect its aesthetic appeal from unauthorized use.
The Designs Act of 2000 governs the registration and protection of designs in India. This legislation replaced the earlier Design Act of 1911. Under this law, design registration is mandatory to prevent competitors from replicating or misusing unique designs.
Procedure for Design Registration in India
1. Conduct a Design Search
Before filing, a thorough search is conducted to ensure your design is unique and does not infringe on existing registrations.
2. Prepare and Submit the Application
The application is meticulously prepared, including necessary details such as design sketches or photographs, and then submitted for registration.
3. Examination by the Indian Design Office
The Indian Design Office assesses the application to verify compliance with required standards and legal norms.
4. Publication in the Official Gazette
If approved, the design is published in the official gazette, allowing the public an opportunity to raise any objections.
5. Grant of Registration
In the absence of objections, or upon resolving any raised concerns, a registration certificate is issued, valid for 10 years.
6. Renewal of Registration
After the initial 10-year validity, the registration can be extended for an additional 5 years to maintain legal protection.
Note: The entire registration process may take several months. Close coordination with Vakilsearch is recommended to ensure a smooth and timely registration.
Documents Required for Design Registration
- A certified copy of the original document
- Required affidavits
- Copies of the disclaimer's excerpts
- Additional documents as required
- Statement of truth in an appropriate format
- Cost regulation as per the fourth schedule, controlled by the controller
- Signed power of attorney from the owner and other partners/directors
- Form 21, if filed through agents and advocates
- Four copies of the design along with an image
- A fact sheet containing priority usage and design details
Design registration applications are categorized into two types:
Ordinary Application
This is a standard application that does not claim any priority from a previously filed application in another country.
Priority (Reciprocity) Application
This type of application claims priority from an earlier application filed in a convention country.
The application must be submitted in India within six months from the date of filing in the convention country.
It is important to note that the six-month deadline is strict and cannot be extended.
Ordinary Application: This is a standard application that does not claim any priority from a previously filed application in another country.
Priority (Reciprocity) Application: This type of application claims priority from an earlier application filed in a convention country. The application must be submitted in India within six months from the date of filing in the convention country. The six-month deadline is strict and cannot be extended.
Frequently Asked Questions
What is a design registration?
Registering your design protects the intellectual property of your organization. A registered design cannot be copied or applied to products not produced by the design owner.
What are the steps to register a design in India?
Submit a request to the Patent Office to check if the design is still under registration. Use Form 6 if the design number is known, or Form 7 with fees if unknown.
What is the validity of a design registration?
A design registration is initially valid for ten years, extendable to ten years from the priority date if a claim is recognized.
Is registering a design mandatory?
Yes, the Designs Act includes provisions making registration advantageous for protecting unique designs.
Who grants the design registration?
The Design Office issues a registration certificate once any objections are resolved. The copyright lasts for ten years.
What happens after a design is registered?
Once registered, the proprietor has exclusive rights over the design for the registration period.
What are the benefits of design registration?
Registration allows the owner to prohibit unauthorized use, enhancing brand value and revenue.
How can I check my design registration status?
You can check the status on the official website, or seek assistance from Vakilsearch.
Why should I file a design registration application early?
Design registration follows the first-to-file rule, so earlier applications take precedence.
How do I check the status of my design patent application?
The status can be checked on the official site.
Protect your unique design with our experts of Design services. Ensure legal security, prevent infringement, and establish your exclusive rights in today's competitive market.
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Protect your unique design with our experts of Design services. Ensure legal security, prevent infringement, and establish your exclusive rights in today's competitive market.