Design registration gives you the exclusive right to make, import, sell, or use a product that embodies the design for a limited period.
What types of design can be registered?
A registered design protects one or more visual features of a product. This could be a three-dimensional feature, such as the shape or configuration of a product, or a two-dimensional feature, such as pattern or ornamentation of the product. Even if they serve a functional purpose, these features can still be protected.
A registered design must be new and distinctive
A design is considered to be ‘new’ unless it is identical to another design, and is considered to be ‘distinctive’ unless it is substantially similar in overall impression to another design. Your design must meet this criteria for your design registration to be valid.
When assessing if two designs are similar, more weight is given to the similarities between the designs than to the differences. If there are particular visual features that give a design its distinctive character, and are therefore more valuable, we can emphasise these by filing a “Statement of Newness and Distinctiveness”. When comparing the design to other designs, any features emphasised in a Statement of Newness and Distinctiveness are given greater weight.
Filing requirements:
An application for Design Registration needs to be filed with the Controller of Designs, The Patent Office at Kolkata. However, the application can also be filed at any of the four branch office of The Patent Office at New Delhi, Mumbai, Chennai or Ahmedabad and the application received by the Branch Offices is transmitted to the Head Office for processing.
For filing of applications for registration of design in India, the following procedure needs to be followed:
a) Application duly filled in on Form 1 along with the prescribed fees, stating name & full address, nationality of the applicant. If the Applicant is not a natural person the legal status and the place of incorporation.
b) Name of the article to which the design is to be applied.
c) Class & Sub Class of the article embodying the design is applied under the Locarno Classification.
d) Representations illustrating the views of the article wherein the originality lies. The representations can be in the form of photographs or drawing figures showing the perspective, front, rear, top, bottom and side views of the article (2 copies of each view) If the design is to be registered in more than one class, a separate application shall be filed for each class.
e) A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet and should be duly signed and dated.
f) When colour combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation.
After examination of the application by the Design Office at Kolkata, objections, if any, are raised thereto. On removal of the objections, the certificate granting copyright in registered design is issued by the Design Office. The duration of the registration of a design is initially ten years from the date of registration but in uses where claim to priority has been allowed, the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright.
