Trademark Registration of Design - Professional Utilities
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Design Registration

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What is Design Registration?

The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity. The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentation and composition of lines or colors applied to articles which in the finished state appeal to and are judged solely by the eye

What is the importance Of Design Registration?

The industrial design indicates the creation of new and genuine features of that are recognized by unique shape, configuration, patterns, decoration and combination of lines or colours applied. A unique design in its finished state appeals to the eye and is judged by the clients in a positive manner. Given below are the objectives of Design Registration :

  • To make effective and convenient legal system for protection of Designs in India from being misused.
  • To encourage and develop creativity and originality
  • It is a necessary Compliance of Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement between the WTO Member nations

Documents Required for Design Registration

  • A certified copy of the original or certified copies of extracts from disclaimers
  • Declarations
  • Affidavits and
  • Other public documents can be made available on payment of a feeThe affidavits should contain a declaration of truth and verifiability and should be in paragraph form. The controller might regulate the costs involved in the design registration process according to the Fourth Schedule.

Process of Design Registration

  • Documentation and Preparation
  • Drafting of Design Specification
  • Filing of Design Application
  • Reply to examination report and objections

Benefits of Design Registration

  • Legal Protection
  • Rights of the Owner
  • Global Protection
  • Branding or Goodwill