Design is the shape, configuration, pattern or ornamentation of a product that distinguishes it from other products, making it unique in appearance. Its distinctiveness increases its importance as an intellectual property in the ever-increasing competition in the market, making it all the more valuable to its owner and hence necessitating the need to protect it.
Design registration is to protect your design and prevent others from using it without your permission. You get the exclusive right to use, license or sell your design as well as exploit it in different ways. Besides, with registration you can record your asset officially and also become entitled to take legal action in case someone tries to copy your design.
DESIGN REGISTRATION ESSENTIALS
- Full names and addresses of Applicant as well as Designer
- Title/Name of Article to which a design is applied
- Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is six (6) months
- Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
- Certified copy of the application which is the basis of the Convention priority (if applicable)
- Fees ( Official fees & Professional charges for filing application)
PROCEDURES FOR DESIGN REGISTRATION
- Industrial Design Search in appropriate class
- Preparing Industrial design application and representation sheets
- Filing of Industrial design application with Controller of Designs, Kolkata along with Power of authority
- Clearing Objections
- Attending Show cause Hearing in case of further objection by Design Attorney
- Grant of Industrial Design Registration
TERM OF DESIGN REGISTRATION
The design registration in India term is ten years but it can be extended to about five more years each time it is renewed.
Application for design renewal is to be made through Form-3 and submitted to the Controller of Designs, along with prescribed renewal fees.