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 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?
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.
Filing a design patent application
De Penning & De Penning make the design application process effortless.
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Ensure your design:
Your design representations must:
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Procedure for registering a design
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.
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.
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.