Design Registration: Safeguard Your Unique Creations
Design registration offers a shield for your unique design, classifying it as intellectual property and ensuring it's safe from imitation. It grants the creator exclusive rights to use the design for a decade, possibly extending it for an additional five years. FilingsZone guides you through the design registration, ensuring your creations are protected, and your rights are upheld.
Reach out to our experts today and make the registration process smooth and hassle-free.
Design Registration - Governing Law
The Designs Act, 2000, governs design registration and protection in India, and the subsequent Design Rules were introduced in 2001. The introduction of the Designs Act in 2000 served to repeal and supplant the earlier Act from 1911.
The Design Rules of 2001 have undergone amendments, with significant changes made by the Designs (Amendment) Rules in 2008 and 2014. A noteworthy update in the rules under this Act has been the addition of a new applicant category. This new category recognizes 'small entities' as distinct applicants, in addition to individual or natural persons.
Definition of a Design
As per Section 2(d) of the Designs Act 2001, a design is characterized as the distinctive features encompassing shape, pattern, configuration, composition, or ornamentation formed by lines or colors. This can be applied to any article, whether two-dimensional, three-dimensional, or a combination of both. The application can be achieved through various means, including industrial processes, whether mechanical, manual, or chemical, used separately or in combination. However, the defining factor of a design is its visual appeal when viewed in the final product, solely judged by the eye. It's essential to note that the design does not consider the underlying construction principle or anything that is essentially a mere mechanical contraption.
Documents
Required for Design Registration
.
Brand Name & Logo
The logo must contain the Brand Name applied to register a Trademark
Proof of Applicant
PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant)
User Affidavit
If a specific user date is to be claimed, the user affidavit is also required to be submitted
Proof of TM Use
To claim specific user date, documentary proof such as invoices, registration certificates, etc. with the brand name should also be provided
MSME / Start-up Recognition
Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
Signed Form TM - 48
TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by LW professionals for the signature