Here’s a step-by-step breakdown of the Design Registration Process in India:
To be eligible for design registration in India, the following criteria must be met:
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Originality: The design must be new and original, not previously published or used.
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Novelty: The design must be distinctive and have a novel appearance.
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Industrial Applicability: The design should be applicable to an article of manufacture or industry (i.e., it should be capable of being reproduced and used commercially).
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Visual Appeal: The design should be aesthetic and not merely functional.
To register a design, you need to prepare and submit an application with the Controller General of Patents, Designs, and Trademarks (CGPDTM) in India.
The following details are required for the application:
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Name of the applicant (individual or company).
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Title of the article to which the design applies (e.g., "Chair Design" or "Packaging Design").
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Class of the design: The design needs to be categorized according to the Class under which the article falls. There are 32 classes of goods under the Design Act, such as classes for textiles, furniture, electronics, etc.
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Drawings or representations of the design: You must provide visual representations of the design. The design should be shown in at least three views (front, top, and side) to highlight its visual features.
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Brief description: A brief description of the design that explains its distinct features.
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Priority details (if applicable): If the design has been filed in another country first, you may claim priority.
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Declaration: A statement declaring that the design is original and has not been registered elsewhere.
The application for design registration can be filed through the following methods:
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Filing: You can file the application at the Designs Office located in Kolkata, India.
Once the application is submitted, it is examined by the Design Office for compliance with the following:
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Novelty and originality: The design should not have been publicly disclosed or used earlier.
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Compliancy: Ensuring that all documents are in order and the design meets the legal requirements under the Designs Act, 2000.
If the Design Office finds no issues, the design is accepted. However, if there are any objections (e.g., the design lacks novelty or originality), the applicant is notified and must respond to the objections within a specified period.
If the application is accepted and no objections arise, the design is published in the Designs Journal by the CGPDTM. This journal is a public record of all accepted design applications and ensures that the design is publicly available.
The design is protected from the date of registration, but it is also open to opposition for up to 3 months from the publication date. During this time, third parties can challenge the registration of the design if they believe it lacks originality or if they have prior rights to the design.
Once the design has been accepted and no opposition is raised, the Design Office issues a Certificate of Registration to the applicant. This certificate grants exclusive rights to the design owner for a period of 10 years from the date of registration, with an option to extend the protection for another 5 years, making the maximum period of protection 15 years.
Once the design is registered, the owner has exclusive rights to:
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Make, sell, and use the design in the production of articles.
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License the design to others.
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Take legal action against infringement (i.e., unauthorized use or copying of the design).
The registered owner can also transfer the rights through assignment.
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Initial protection: The design is protected for 10 years from the date of registration.
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Renewal: After the initial 10 years, the design can be renewed for an additional 5 years. To renew, the owner must file a renewal application and pay the required fee.
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Total duration of protection: A design can be protected for a maximum of 15 years.
If someone uses or copies a registered design without the owner’s consent, it constitutes infringement. The registered design owner has the following options:
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Send a cease-and-desist notice to the infringer.
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File a civil suit in a court of law for damages and an injunction (to stop further infringement).
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Criminal prosecution: If the infringement is willful, the offender may face criminal penalties, including fines and imprisonment.
