Design registration is done of a appearance of a product which could be shape, configuration, pattern, ornamentor composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any individual process or means, whether manual, mechanical, or chemical, separate or combined. Whether a finished article or a could be judged through eyes, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.
The requirement for an article to be registered are as follows-
Following are the requirements which an applicant requires to fulfill before an application for registration of a Design-
- A Design should be Novel and original.
- It should not be available in the public domain prior to its application for Design registration.
- The article must be capable of being manufactured and sold separately.
- The article should not involve any mode or principle of construction which is a mere mechanical process i.e. the shape in which all the features are designed are dictated solely by the function it performs.
- The article for Design registration must be distinctive and can be judged solely by the eye.
- The article of Design which is applied should be used for a commercial purpose to increase its market value.
- It should not be against morality or against the public order of the country.
- It should not contain any property mark, Trademark or any artistic work in it.
- Any design which is not merely a mechanical contrivance and meets the criteria for registration apart from its functionality may qualify for Design registration.
- Any modification in the already registered Design registration would not be granted registration. For a design registration the modifications should be substantial and not minimal.
Once the requirements for Design registration are met, the next step is to proceed with the formalities of application for Design registration with the controller of Design, Kolkata. Section 5 of the Design registration Act, 2000 prescribes the procedure for obtaining a Design registration. The application for Design registration must contain the following-
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 a 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.
The statutory fees for applying Design registration in India is-
- Rs. 1000- For Natural Person
- Rs. 2000- For Small entities.
- Rs. 4000- For other than Natural person or institutions or business entities.
Once payment and other formalities are done, the application would undergo examination. The examiner will determine whether the application is under prescribed format or not, attached documents including representation sheets are correct or not. If there is any discrepancy in the article then the examiner would raise an examination report to the applicant. The applicant usually has 6 months from the date of filing of the application.
If the examiner is satisfied with the response then the examiner will accept the application and will publish it and issue a certificate to the applicant. If the examiner is not satisfied with the response then the application will be for the hearing.
Applicants whose Design is registered can mention Registered, RD on their Design mark.
Registration of design not only prevents your design from infringement but also increases the market value of an article. It’s a valuable protection to seek especially in product based industries thriving on new Designs such as Toy companies, Mobile phone manufacturers, Jewellery Designers, Cars manufacturers and so on, as these industries are ever evolving.
Hire the experts from BIAT Legal LLP today to get your Design registration.