Design Registration in India
Today, in a competitive market, merely developing a product is not sufficient; securing your innovative design is equally important. Design registration in India safeguards the visual appearance of your product, thereby not allowing any other individual or entity to use your design without your consent.
Whether you are a manufacturer, startup, designer, or entrepreneur, design registration can be an effective legal means to safeguard your innovation.
What is Design Registration?
Design Registration is a legal process that comes under the Designs Act of 2000. This will give you the right to protect the shape, pattern, configuration, ornamentation, and appearance of your design.
Upon registration, you get the sole legal right to design, make, use, and sell the product.
- Important Note: The registration of a design protects only its visual aspect, not its functional use.
Benefits of Getting Your Design Registration in India
If your product looks unique in the marketplace, you can charge a high price. The benefit of a registered design to you is:
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Exclusive right to the product design
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Protective function regarding imitation & copying
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Right to file legal proceedings due to infringement
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Enhancing Brand Value and Market Credibility
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Assistance for Business Growth
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Income from licensing and royalties
Design registration in India has also become a significant process in modern times.
Applicants Allowed for Design Registration in India
The following can apply for design registration, provided that the applicant is the original owner of the design:
- Individual designers
- MSMEs & Startups
- Factories
- Sole proprietorships
- Partnership firms
- Private limited companies
The condition is that the design should be new, original, and not published or used previously anywhere.
List of Documents Needed for Design Registration
The following documents are generally required for design registration in India:
- Application Form (Form 1): It includes the applicant's name, address, and the class of the product.
- Representation Sheets: High-quality images or drawings showing the product from all angles, such as front, back, top, bottom, sides, and perspective.
- Statement of Novelty: A brief statement on each sheet indicating which parts of the design are new, such as the shape, configuration, or pattern.
- Disclaimers: Statements that specify you are not claiming rights over mechanical functions, trademarks, or words.
- Power of Attorney: Required only if an agent or attorney is submitting the document on your behalf.
- Identity & Address Proof: Documents such as a PAN Card, Aadhaar, or an incorporation certificate for companies.
- Priority Document: A certified copy of your original filing, if you have previously registered the design in another country within the last six months.
- Assignment Deed: Proof of transfer if the applicant is not the original designer, for example, an employer.
- Small Entity Certificate: Proof, such as an MSME certificate, to qualify for a discount on official fees.
Step-by-Step Design Registration Procedure in India
Design Registration in India follows a proper legal procedure as per the Designs Act, 2000. In case of proper submission of the application, there would not be any problem with approval. Here is the procedure for design registration:
- Step 1: Design Search – Start by ensuring your design is unique and innovative.
- Step 2: Class Selection - Determine the correct class (Locarno Class) in which your product belongs.
- Step 3: Documentation - The inventor is required to provide pictures from 7 different angles and a "Description of the Novelty."
- Step 4: Application Filing - You must fill out Form 1. It has to be submitted to the fee payment portal.
- Step 5: Examination - The patent office will check the originality of your design.
- Step 6: FER Response - In the event of objections or a FER, respond accordingly.
- Step 7: Certification - Once all the above steps are completed, you can now apply for the “Certificate of Registration."
Difference Between Design Registration and Trademark
Design Registration and Trademark both provide different legal protections for securing product appearance and brand identity.
|
Basis
|
Design Registration
|
Trademark
|
|---|---|---|
|
Protection Scope |
Preserves the product's aesthetic appeal |
Protects the brand name, logo, symbol, or tagline |
|
Governing Law |
Designs Act, 2000 |
The 1999 Trade Marks Act |
|
Focus Area |
Form, design, arrangement, and embellishment. |
Goodwill and Brand Recognition |
|
Function Protection |
Functional features are not secure |
The product function is not protected |
|
Validity |
10 years + 5 years renewal (total 15 years) |
Ten years (renewable indefinitely) |
|
Usage |
Protects the product's look from being copied |
Prevents misuse and counterfeiting of the brand |
|
Ideal For |
Manufacturer, product designer, industrial products |
Startups, companies, & owners of brands |
Why choose JSM Associates for Design Registration?
JSM Associates delivers professional and hassle-free design registration in India:
- Free design eligibility check
- Expert documentation support
- Assistance in resolving objections
- Affordable pricing
- Error-free application submission
- Experienced IP professionals
We are expert intellectual property rights professionals, ensuring your design is fully protected so you can focus on your business.
Protect your product’s unique design legally. Get your design registration today with the experts at JSM Associates.