9 Jun 2022, 11:05 — 6 min read
The Design Act, 2000 throws light on the set of documents needed for design registration. At the office of controller general of patents, designs, and trademarks to protect against counterfeiting by ensuring that a product’s design has a new shape, configuration, pattern, composition of lines, or a particular combination. As required by the Act, a design may be registered if it has a unique shape, configuration, pattern, composition of lines, ornament, or a particular combination.
Each company has its own unique needs when it comes to designing and printing its products. Whether you are manufacturing a single type of product or have a team of designers working on different projects, having the correct materials and equipment is essential. This article covers all the details you need to know about product registration documents, including what they are, who should be filing them, and how exactly they can help your business.
The design includes features, shape, pattern, configuration, or composition, for any set of lines or colours applied to goods. The Designs Act, 2000, came into effect on 11 May 2001, and the Design Rules, 2001 govern India’s design registration.
The visual appeal of a design is covered by the Design Act, but it does not include any mode of construction, mechanical device, artistic work, or any other feature that is part of a mode of construction or a merely mechanical device. The Trademarks Act and the Copyright Act also include trademark protection for works that are covered under them. Furthermore, the design registration is made for a single kind of article based on a classification system specified in the third schedule of the Design Act.
A design registration lasts for ten years from the date of registration and may be extended for five years on request. The date of registration is the same as the date of filing the priority application. In conventions, however, an application that was filed previously in a country may also claim priority from an earlier application.
Also read: Industrial Design registration process
Even though there are significant differences between your design and the other designs that have already been registered, the design cannot be registered if it breaches any one of the above criteria.
The following documents must be presented for design registration:
You must submit the affidavit in the proper format. The controller regulates the costs associated with the design registration process.
The Design (amendment) Rules, 2014 defined two segments of applicants:
The different fee structures are imposed on applicants who are classified according to their category. The small business benefit is a reduced fee for applying for design registration. It is a legal right for the design certificate holder to prevent other individuals from using the design without his permission.
Whenever a third party uses the design without intimating the holder of the design, the holder of the design can sue the infringer in court for damages. This gives him the right to receive payment for violating his right over the design usage.
A design registration can be regarded as the perfect alternative to prove a copyright’s legitimacy. When a designer makes something unique and creative for its product, it adds individual character to the design. Its uniqueness has its origins in the market, which enables it to establish its niche among all the existing brands.
Also read: 5-step guide to trademarking your brand
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Posted byVakilsearch Staff
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