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DESIGN REGISTRATION; REGISTRATION

DESIGN REGISTRATION

CREATED A UNIQUE DESIGN FOR YOUR BUSINESS??

GET IT PROTECTED BY APPLYING FOR

DESIGN REGISTRATION THROUGH ePRO EXPRESS

AT JUST RS. 7499/- INCLUSIVE OF ALL

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Verification

Design is a plan or drawing of any dimension which is made and launched to promote the business. The term design statefeatures of lines, shapes, ornaments. figures, patterns or colors which is applied to any article created under industrial process and is proposed to be launched in business. Here “article” means manufacturing articles, any substance and also includes any article capable of being sold separately. Basically,design is the result of creative mind of artist/designer which is made by doing many sorts of inventions, therefore it is suggested to protect that design for which you have to opt for design registration. Design registration is covered under intellectual property rightsby which you can protect original or newly launched design to be applied to particular article createdthrough Industrial Processfrom forgery or misuse.a

To protect your design from being copied or infringed, a business entity has to apply for design registration to office of Controller General of Patents, Designs and Trademarks.Once your design is registered, the owner gets an exclusive rightto use the design for consecutive period of 10 years from the date of registration but where the priority claim is allowed then duration shall be 10 years from priority date which can be extended for further period of 5 years by filing a renewal application.

MAIN REQUIREMENTS TO FILE A DESIGN REGISTRATION APPLICATION

  1. Design should be applied to any article created under industrial process
  2. Design should include features of lines, shapes, ornaments. figures, patterns or colors applied to an article.
  3. Design should be original and new
  4. The design should not include any Trade Mark or any other mark or artistic works as defined under the Copyright Act, 1957
  5. Design must be visible on article for which it is specifically made
  6. An article including principle of construction or operation or mechanical device is not allowed to register under design

PACKAGE INCLUSION

  • DRAFTING OF APPLICATION
  • SUBMISSION OF APPLICATION
  • PROFESSIONAL CONSULTATION
  • TIMELY REVIEW OF YOUR APPLICATION STATUS
  • GOVERNMENT FEES

PROCEDURE OF DESIGN REGISTRATION IF YOU OPT OUR PACKAGE

  1. FILL AND SUBMIT OUR ONLINE FORM
  2. OUR EXPERTS WILL REACH YOU BACK WITHIN 4 HOURS AND ASSIST YOU ABOUT FILING OF DESIGN APPLICATION
  3. PURCHASE OUR DESIGN APPLICATION SUBMISSION PACKAGE
  4. ASSIGNING OF YOUR TASK TO SPECIALIZED TEAM INCLUDING CS AND ADVOCATES
  5. SUBMISSION OF NECESSARY DOCUMENTS AND INFORMATION AS REQUIRED BY OUR TEAM TO PATENT OFFICE
  6. DRAFTING AND FILING OF DESIGN APPLICATION BY OUR EXPERTS ON YOUR BEHALF
  7. TRACKING OF YOUR APPLICATION STATUS BY DESIGNATED TEAM
  8. CORDINATION WITH DEPARTMENT FOR APPLICATION STATUS
  9. UPDATION OF REGULAR STATUS OR DEFECTS (IF ANY) VIA MAIL TO CLIENT
  10. ACCEPTANCE OF APPLICATION BY DEPARTMENT
  11. ISSUANCE OF REGISTRATION CERTIFICATE BY DEPARTMENT

DOCUMENTS AND INFORMATION REQUIRED FOR DESIGN REGISTRATION

  1. PANCARD OF APPLICANT/DIRECTOR/AUTHORIZED SIGNATORY
  2. ADHAAR CARD OF APPLICANT/DIRECTOR/AUTHORIZED SIGNATORY
  3. DETAIL OF COMPLETE BUSINESS ACTIVITY
  4. BUSINESS ADDRESS FOR WHICH DESIGN REGISTRATION IS REQUIRED
  5. 4 COPIES OF REPRESENTATION OF DESIGN FROM VARIOUS ANGLES (IN JPGFORMAT)
  6. CLASS OF ARTICLE IN WHICH DESIGN HAS TO BE APPLIED
  7. PROOF OF PRIORITY (IF ANY) WHICH IS REQUIRED IN CASE OF PREVIOUS REGISTRATION OR APPLICATION
  8. DETAIL OF REGISTRATION (IF ALREADY FILED IN ANOTHER COUNTRY)
  9. MSME CERTIFICATE (IF HELD)
  10. REGISTRATION CERTIFICATE OF ENTITY

FREQUENTLY ASKED QUESTIONS (FAQS)

What do you mean by design??

Design means characteristics of lines, shapes, ornaments. figures, patterns or colors which is applied to any article created under industrial process.

What is the meaning of the term article covered under the definition of design??

“Article” means manufacturing articles, any substance and also includes any article capable of being sold separately.

What is the main object of design registration??

The main object of design registration is to protect the original or newly created design proposed to be applied on particular article manufactured by industrial process.

Can stamps, tokens or cards be coveredunder the definition of article for the purpose of design registration??

Article must have its independent existence without attaching design on the same. Hence, stamps, tokens or cards will not be covered under the definition of article for the purpose of design registration.

What are the consequences of design registration??

Once the design will get registered, the owner gets an exclusive right to apply that design to an article of a particular class for which it is registered.

What is the validity of design registration??

The validity of design registration is 10 years from the date of registration but where the priority claim is allowed then duration shall be 10 years from priority date which can be extended for further period of 5 years by filing a renewal application.

Can applicant makeapplication of same design registration which has been abandoned earlier??

Yes applicant can makeapplication of same design registration which has been abandoned earlier provided that that design is not yet published by applicant.

Is it possible to transfer right of ownership of design registration??

Yes you can transfer the ownership of design registration by filing the application of transfer of ownership on payment of prescribed fees.

Can we make amendment in design registration application already filed in the form of change In name and address of proprietor or change in service address??

Yes, you can made amendment in design registration application already filed to department by filing a necessary form and on payment of requisite fee.

What items can not be registered under design act??

Following items can not be registered under design act:

  1. Any article which is in substance a mere mechanical device
  2. Flag of any country
  3. Design of buildings of structures
  4. Cards, token or labels attached as a part of article
  5. Certificate, books, stamps, tokens and greeting cardsetc
  6. Any item whose design contain any industrial plan or layout

Does the design registration is valid outside India??

Yes Design which is already registered in India is valid outside India.

Does a separate applicationrequired to be file in India for design registration already filed outside India??

Yes a separate application has to be filed in India for previously filed design application in other countries provided that the date of registration shall be considered as the date of filing first application in any country and that date shall be considered as priority date. The design registration in that case shall be valid for 10 years from the date of priority claim

How long will it take to get the approval of Design application??

Design application shall be filed by our team within 8-10 working days from the date of receiving all the requisite documents and information but the entire registration will around 4-6 months to complete all the formalities.

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