Design Registration

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DESIGN REGISTRATION

A registered design provides a proprietary right in a design. The “designs” themselves are all about the visual appearance of the article. They are directed at features of shape, configuration, pattern or ornamentation applied to the article.

A registered design protects the visual appearance of a product or item and gives you exclusive rights for that appearance to the extent that, if necessary, there is a legal right to stop an unauthorized party from producing or using your design.

Following steps for getting the design registered:

  1. Filing the application: You file the application after filling the details in the given blanks and attaching the documents required.
  2. Examination Report: After your application goes to the controller, he performs a complete examination of the application and the documents that are attached along with it. He puts the results of his examination on an examination report to provide a response to the applicant.
  3. The controller responds: After creating the examination report, the controller sends the report to the applicant’s address of the contact. Controller’s response is of two types Refusal or Acceptance.
  4. Design Publishing: Once the design is accepted, it is published in the official journal. The design shall remain in the journal for a finite amount of time to check if there are third-party oppositions against it.
  5. Design Registration: If there are no oppositions to the design, it proceeds with full registration, and a registration certificate is generated

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Nyayasevak has introduced this unique feature of drafting the Website Privacy Policy by your own. Our eminent Team of experts at Nyayasevak, as soon as receives such inquiry will immediately scrutinize the said policy and will contact you during the working hours and will accordingly suggest appropriate corrections, if any. Our eminent team of experts at NYAYASEVAK will assist you fully during the course of drafting the said policy.

INCLUSIONS

Complete Guidance and Free Consultation

Scrutiny of Documents

Application drafting and submission.

PROCEDURE FOR DESIGN REGISTRATION

Filing the application

Examination Report

The controller responds

Design Publishing

Design Registration

BENEFITS OF DESIGN REGISTRATION

All documents pertaining to a registered design are maintained by the Patent Office to put competitors on notice about registration of a design

A registered design provides the creator, exclusive rights over use of the design for a period of ten years that can be further extended for a period of five years

In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act

Anyone found contravening to the copyright in a design, is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design

Thus, registering a design provides legal remedy against infringement.

FAQ

A registered design provides a proprietary right in a design. The “designs” themselves are all about the visual appearance of the article. They are directed at features of shape, configuration, pattern or ornamentation applied to the article.
As per Indian Law, under the Design Act of 2000, Industrial Design protection is a type of intellectual property right that gives the exclusive right to make, sell, and use articles that embody the protected design, to selected people only.
As it can only be renewed once, the maximum duration of a registered design is 10 years. You can renew your registration for another 5 years before the expiration date years.
A registered proprietor can institute a suit for injunction as well as recovery of damages against any person engaged in piracy of registered design.
As close as possible to the creation of design or before it is made public either by use or publication.

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