Intellectual Property Services

Our discerning, perfect, and dedicated services for IPR in India, cover all diverse categories of intellectual property. The sumptuous commercial and industrial intellectual property is broadly divided into the major categories of copyrights, trademarks, patents, industrial designs, and geographical indications.

Design Registration

Design Registration

  • Overview
  • Why Taxcomate
  • Process

Design is a drawing of a plan or art either two dimensional or three dimensional inclusive of shapes, figures, pattern, elements, lines, patterns, or colors that depicts the look and function of any product or services. Intellectual property refers to the creative aspects of the mind such as inventions, literary and artworks, designs, symbols, images, etc., that are protected by law. Hence, any design of a company will be under the intellectual property of the company. Patents, copyrights, trademarks are examples of such intellectual property.

To protect intellectual property such as the design of a company from any infringement or theft, the company is required to register its design at the Patent Office. The design registration will give the owner the legal and exclusive rights of use of the design for ten years.

Items that cannot be registered as a Design:

  1. Item whose design is or contains any industrial plans, layouts, and installations
  2. Flags and emblems or signs of any country cannot be registered
  3. Mere alterations or change in the size and orientation or mechanical contrivance of a design
  4. Design including buildings and structures
  5. Labels, cartoons, cards, or tokens that can be made as part of an article
  6. Books, jackets, calendars, certificates, forms, maps, greeting cards, pamphlets, stamps, medals, etc.

Requirement for filing a Design Application:

The following are the requirements to meet before applying for design registration.

  1. Design should be new or original and not used in any country prior to the date of application.
  2. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
  3. The design should be applied or applicable to any article by any industrial process, implying the bulk production of an article. Articles such as painting, sculptures, etc., are excluded from registration.
  4. The design must be visible to the eye when applied or applicable to the article for which it is created.
  5. The design must not contain any laudatory or obscene matter
  6. It should not be against law and order or morality of the public.
  7. Photos required of design from all angles.

Procedure for Registration of Designs:

Any person or firm can apply for the registration of design. Registration can be done through an agent, in which case power of attorney must be filed.

  1. Fill the design registration application form specifying every detail and duly signing the form attaching the following documents:
  2. Representation of the article – Drawings and plans showing the features of the designs from different views
  3. A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, and numerals should be endorsed on each representation sheet, which should be duly signed and dated.
  4. Power of attorney (if any)
  5. The application form along with prescribed fees and documents once submitted to the Patent Office, is taken up for examination. If any defects are found or there are any objections, the applicant is notified to correct the same and resubmit the application form within the prescribed time mentioned by the officials.
  6. An application is accepted when all the requirements are met and is notified in the Patent Office Journal.
  7. The Patent Office then registers the design and issues a certificate of design registration to the applicant.

Frequently Asked Questions

It takes 3 to 6 months for the completion of design registration process.

 

A registered design is valid up to ten years, after which it may be extended by five years by the way of renewal process.

Designs falling under the following category cannot be registered:

  • Not original
  • Not significantly different from other designs in the market or registered designs
  • Contains laudatory or obscene matter

The register of designs is a document maintained by the Patent Office containing the details of the registered designs such as design number, class number, date of filing, name and address of the proprietor, validity of the proprietorship, etc.

Required Documents for Design Registration

In regard to the Design Registration, the following documents are needed:

  1. The design must be new or original and not used in any region prior to the date of application.
  2. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
  3. The design should be applied or applicable to any article by any industrial process, implying the bulk production of an article. Articles such as paintings, sculptures, etc. are excluded from registration.
  4. The design must be visible to the eye when applied or applicable to the article for which it is created.
  5. The design must not contain any laudatory or obscene matter
  6. It should not be against the law and order or morality of the public.
  7. Photos required of design from all angles.

Lets see the process

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Task Completion

Design Registration

₹8,999.00

There is an extensive range of services for each of these categories; that start from the very beginning of a creation to perfect registration and well-rounded protection to the same, in the desired national or international jurisdictions. These all categories of intellectual property are considered as the lifeblood of businesses in the respective fields, and therefore, require scrupulous and flawless handling from beginning to the end. 

Protect your BRAND

TRADEMARK COPYRIGHT PATENT DESIGN

Protection provided for

Any word, logo, symbol, mark, phrase that distinguishes goods of one party from another.

Novel works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures etc.

Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these.

Features of shape, configuration, pattern, ornament, composition of lines, color or combination thereof applied to any article.

Requirements for registration

The mark shall be unique.

The work must be original, creative and should be capable of fixing in the tangible form.

An invention must be new, useful and non-obvious

The design must be original and should be applied to the article by any industrial process.

Duration of Protection

For 10 years

Author’s life plus 70 more years.
For 20 years.

For 10 years.

Rights granted

Rights to use the mark and prevent any third person from using the deceptively similar mark.

Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works.

Right to prevent others from making, selling using or importing the patented invention.

Provides the creator, exclusive rights over use of the design.

Who can obtain?

Business owners or the product owners.

Authors, artists, choreographers, architects, and other creative professionals.

Inventors and designers.

Designers or the owners of the product.