Designs Lawyers & Attorneys Mumbai, Delhi, Kolkata & Chennai, India

What is design registration?

A design is the appearance of a product. It incorporates the product’s shape, pattern and ornamentation, and configuration (how the parts of the design are arranged). Design registration gives you the exclusive right to use your design for items within the class for which you have registered.

Innovators can spend a painstaking amount of time creating a product, and yet it may be open to infringement if you do not have the necessary protection in place. At De Penning & De Penning, we specialize in ensuring that creators and innovators obtain the strongest possible protection for their intellectual creations, having been heavily immersed in the intellectual property sector for more than 165 years.
For specialist legal help registering a design in India, contact us today.

Can I register a design?

A design can be registered, separately or jointly, by:

the proprietor

a legal representative, or

an assignee

Applicants who are not resident in India must use a resident agent.

Why register a design?

Registering your design protects your rights to use the design. It enables you to take legal action against infringement and stop other manufacturers from infringing your creation.
Whilst it is quick and inexpensive to obtain, design registration is a substantial safeguard for your market space.

artistic (e.g. paintings, sculptures, cartoons);

stamps, labels, tokens, cards, medals;

national flags, emblems or signs;

Filing a design application

De Penning & De Penning make the design application process effortless.

Ordinary application

Defend your ingenuity

A first application for a design

Does not claim priority from any other application

Provide different views of the article sought to be registered to depict it fully and clearly

Convention application

Maximise your design protection

Claim priority for your application based on the same or substantially similar applications filed in countries that are party to the Paris Convention

File with the Intellectual Property Office in the selected country where you want to extend your design protection, within six months of first filing in a convention country

Apply in over 170 convention countries, including the USA, UK and China

Essential requirements

Ensure your design:

is new, original and significantly distinguishable from existing designs;

is not scandalous, obscene or contrary to public order or morality;

has never been previously disclosed to the public;

has been applied on an article and appeal to the eye.

Representations

Your design representations must:

show different views of the article using drawings or photographs;

show the article fully and clearly;

not exceed A4 size;

not contain a cross-sectional view;

prepared on a neutral background uncluttered with any extraneous matter, in case of photographs .

01.

Application
A design application must contain:

● details (name, address and nationality) of the applicant
● name of the article
● design representation (in quadruplicate)
● priority data (filing number, filing date and name of the applicant of the priority application) if priority is claimed, together with the requisite fee.

Your design application will be allocated with a serial number according to the date of filing at the Indian Design Office.

02.

Examination
The Design Office automatically examines your application. You will be informed of any issues with your application and given the opportunity to correct them and resubmit.
If your application is still not accepted, you will receive further examination reports or you may be offered a hearing. However, your application must be placed in order for acceptance within six months of filing in India in order to continue.

03.

Registration
Once accepted, your design is registered and a registration certificate issued. The serial number allotted to your application will become the design registration number.