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