Designs
We have the technical expertise in design patents that allows our clients to showcase their creativity without fear of unfair use.
What is a design registration?
A registered 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 specialise in ensuring that creators and innovators obtain the strongest possible protection for their design rights and 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.
Registering a design
We offer guidance on the best way to protect your creation and design rights and help you to navigate the design registration process.
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 design patent infringement and stop other manufacturers from infringing on your creation.
Whilst it is quick and inexpensive to obtain, design registration is a substantial safeguard for your market space.
What designs cannot be registered?
Designs cannot be registered if they are:
- artistic (e.g. paintings, sculptures, cartoons);
- stamps, labels, tokens, cards, medals;
- national flags, emblems or signs;
- related to an article’s construction;
- buildings or structures;
- parts of an article that are not sold independently;
- commonly used trade variations;
- only mechanical contrivances, workshop alterations of assembly or changes in size
- layout designs of integrated circuits.
Filing a design patent application
De Penning & De Penning’s design patent attorneys 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 .
Do you need to safeguard your design?
Expert Design Patent Lawyers and Attorneys serving clients across India and around the World
Since 1856, we have been pushing the frontiers of innovation and providing creators with exclusive power over their designs. At De Penning & De Penning, our design patent attorneys can support you in registering your design, renewing your registration, and defending against cancellation petitions. Speak with a member of our tech-savvy intellectual property team now.
Procedure for registering a design
01.
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.
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.
Once accepted, your design is registered and a registration certificate issued. The serial number allotted to your application will become the design registration number.
04.
The registration of your design is published in the Official Journal.
05.
The total term of your design registration is 15 years from the date of registration. The registration is valid for an initial term of 10 years from the date of registration, followed by another 5 years upon renewal.
The fee for extension must be paid within the initial term. If your design registration lapses, you can file a restoration application within a year of the cessation date.
06.
At any time after registration, an interested party can petition to the Controller to cancel your registered design on specific grounds. Should this happen, you will have the opportunity to put forward your case in evidence and at a hearing.
The Controller’s decision on whether to cancel your registration can be appealed within three months to the High Court.