BENEFITS OF DESIGN REGISTRATION

Design registration offers a myriad of advantages in enhancing the appeal and commercial value of a product while simultaneously increasing its marketability. By registering a design, you not only give your product a fresh and distinctive look but also signal its inherent quality. Here are some of the key benefits of design registration:

Protection of Intellectual Property: Registering a design grants legal protection and ownership rights to the creator. This protection is crucial in safeguarding the design from unauthorized copying or imitation by third parties.

Infringement Prevention: As the owner of a registered design, you have the authority to take legal action against anyone who infringes upon your design rights. This includes the ability to sue for damages or seek injunctions to stop unauthorized use.

Commercialization Opportunities: Design registration enables you to leverage your design as a valuable asset. You can sell or license your design to other parties, generating income through consideration or royalty agreements.

Enhanced Market Presence: A registered design sets your product apart in the market. It signals to consumers that your product is unique and protected, potentially boosting its desirability and sales.

Long-Term Protection: Design registration typically remains valid for a period of ten years from the date of registration. This ensures extended protection for your design investment.

Cease of Rights for Non-Payment: It's important to note that if the required maintenance fees are not paid, your design rights may cease. Therefore, it's essential to stay up to date with the necessary payments to maintain your protection.

Requirements and Procedure for Design Registration

To avoid anyone to use your design, so to protect your design registration is required and you have right to access that design. So to make design registered there are several information required

Requirement for design registration

Applicant Details: You must provide the full name of the applicant along with their citizenship.

Name of the Article: The design you wish to register should have a unique and attractive title.

Classification of the Article According to Locarno Index: The design should be classified under the appropriate category in the Locarno Index, which covers various items such as foodstuffs, clothing, and furnishings.

Representations: Include different views of the article that clearly and comprehensively explain its design.

Procedure for design registration:-

Filing an Application: Submit the application form along with four copies of the design representations and the prescribed fee. Upon submission, you will receive an allotted registration number.

Application Examination: After submitting the application, the design office conducts an examination. If any issues are found, they will inform you, and you'll have six months to make necessary corrections.

Notification of Objection: If anyone objects to the design, they can file a claim within a three-month period.

Design Acceptance: Once all official requirements and objections are satisfied, the application is accepted.

Design Refusal: If there are defects or if the applicant fails to meet the application requirements, it may be refused.

Publication: After registration, the design is officially announced in the Official Journal.

Design Registration: Following approval, the application is processed for registration, and a registration certificate is issued.

Term of Design: Registration is valid for 15 years, consisting of an initial 10-year registration period and a 5-year renewal option. Failure to pay the renewal fee can result in the cessation of protection.

Date of Registration: In India, the date of filing the application is considered the date of registration.

Cancellation of Registration: Interested parties can request the cancellation of registration if the design has been previously registered or published anywhere globally, is not genuinely new, or does not meet the criteria defined in the Design Act. Such a request can be submitted to the controller.