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Protect the Aesthetic of Your Product with Design Registration
Secure exclusive rights to your product’s appearance. Full legal support from Lawfinity.
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Know More About DESIGN REGISTRATION
Introduction and Its Compliance
Design is registered under the Designs Act, 2000 to protect original features of shape, configuration, pattern or ornament applied to an article. It means the design of a product, when assessed by sight alone, is the legal property of the registered owner. Such protection is given for a period of 10 years (extended for another 5 years) and is granted under the aegis of the Office of The Controller General of Patents, Designs and Trade Marks, Ministry of Commerce & Industry. We help you in identification of registerable design, document preparation, verification, filing application extremely accurate and precise which ensures the protection of your intellectual creativity in a demanding market.
Why It Is Needed
It provides the owner with the right to take legal action against any unauthorized use or replication. The worth of a brand is increased by the registration of designs; it contributes to the individual appearance of a product; and it is an advantage in trade. Lawfinity offers complete support from novelty of design checking all the way to registration in a timely manner to empower businesses and designers to protect their visual designs under the Designs Act in accordance with all legal formalities.
Benefits and Advantages
- Exclusive Ownership Rights: Design registration provides exclusive rights to use and commercially exploit the registered design, protecting it from imitation or misuse by competitors.
- Legal Protection & Enforcement: Owners can initiate legal action against infringers and claim compensation, safeguarding their commercial interests effectively.
- Boosts Product Differentiation: Registered designs help in differentiating products in the market, thereby improving brand perception and consumer preference.
- Business Expansion & Licensing Opportunities: Design owners can license or assign the rights to others, opening avenues for royalty income and strategic partnerships.
- Enhances Market Value: A registered design can add considerable value to your product’s appeal and increase its commercial success.
Eligibility Criteria
- The design must be new or original and not previously published in India or abroad.
- The design must be appealing to the eye and applied to an article by an industrial process.
- It should not contain any scandalous or obscene matter or any property of national flags/emblems.
- The design must not be a mere mechanical contrivance or relate to building construction.
Documents Required
- Form 1 (Application for Design Registration)
- Representation Sheet showing the design (views: front, back, top, bottom, left, right)
- Brief Statement of Novelty
- Power of Attorney (if filed through agent)
- Declaration of Ownership
- Priority documents (if claiming priority from a foreign application)
- Fees receipt
Steps for Applying
- Design Novelty Search: Lawfinity conducts prior art searches to ensure your design is unique and registerable.
- Preparation of Application: Our experts draft and prepare the design application along with visual representations and required forms.
- Filing with Design Office: We file the application with the Indian Design Office and receive an acknowledgment.
- Examination by Controller: The design is examined for compliance with the Act and may attract objections.
- Reply to Objections (if any): Lawfinity assists in drafting replies to objections raised by the Controller.
- Design Registration Certificate: Once accepted, the design is published and a certificate of registration is issued.
Penalties
- Filing False Representation Fine up to ₹50,000 if someone falsely claims a design as registered.
- Unauthorized Use or Infringement Civil action can be taken; infringers may be liable to pay damages and legal costs.
- Failure to Renew Lapse in renewing design after 10 years results in expiration of protection.
Timelines
Novelty Search & Documentation
2 to 3 Working Days
Filing Application
1 Day
Examination Report (if any)
1 to 3 Months
Objection Response (if applicable)
1 to 2 Weeks
Registration & Certificate Issuance
6 to 9 Months
Timelines may vary depending on document verification and government approvals.
Fee
Frequently Asked Questions
Because every great business starts with the right answers.
It is legal protection granted to the aesthetic features of a product under the Designs Act, 2000.
Any individual, company, or legal entity that owns a new and original design.
It is valid for 10 years and can be renewed once for an additional 5 years.
No, logos and brand names are protected under trademark laws, not the Designs Act.
Industrial or handicraft products such as packaging, containers, textile designs, jewelry, etc.
No, you need to apply separately in each country or through international conventions like the Hague Agreement.
Lawfinity offers competitive pricing depending on the nature and complexity of the design.
Not mandatory, but advisable. Lawfinity ensures smooth compliance and professional handling of all procedures.
Our IPR team drafts strong technical and legal replies to overcome objections during examination.
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