Design Registration establishes an authentic operational systemization of any innovative or intellectual artistic work. The Registration provides instantaneous support in enhancing the quality standards of any industrial design. It is unambiguous that Design Registration establishes an ideal paradigm of multifarious industrial accommodations, which tend to promote diversified designs in a well-organized format and also makes the regulation of design procedures smoother and more efficient. Design can be understood as a unique characteristic of any product, which tends to differentiate it from other commodities in the market. It is significant for every proprietor of the industrial firm to go for Design Registration to create a separate identity for their commodities in the market. It allows the owner of a particular brand to establish a separate identification of his/her innovation or original work on a broad scale.

Advantages of Design Registration

 Following are a few plain advantages of Design Registration under the Design Act 2000’s:-

·         Legal Protection against Design Replication: The Design Registration procedure prevents other companies from copying, reproducing, selling, or distributing their items with a design that is similar to the original.

·         Additional Validity: A certificate for the registration of a design is good for ten years. The validity may be prolonged up to an additional five years after this period of validity expires.

·         Offers a Differentiating Quality: There is no denying that design registration offers a company owner a USP. This means that a corporate entity’s products acquire a distinctive character and appearance from those of its competitors with a registered design.

·         Preserves Creativity: To qualify as globally unique, a product’s registered design must not only have never been utilized in India but also in any WTO member country.

·         Brings About Client Reaction: The fact that a design only appeals to the general public and is only evaluated visually is another significant advantage of registering a design

·         Stimulates innovation: The product must be captivating and distinctive enough from competitors because this is the primary need for Design registration this encourages innovation and serves as the ultimate catalyst for healthy competition.

Essential Documentation concerning the Design Registration

The following are the essential documents in the context of obtaining Design Registration:

·         Form 1 of the Design Registration Application must be submitted with the necessary supporting documentation (as in Schedule II of the Designs Rules)

·         Representations must be developed by The Designs Rules 12, 13, and 14, and they must be submitted in duplicate.

·         When submitting through a patent agent or attorney, complete Form 21 (Power of Authority/General Power of Authority) in its entirety (as in Schedule II)

·         The design application number with which the original General Power of Authority (GPA) has been filed should be endorsed on any copies of the GPA that the applicant submits.

·         Form 24 in the format required (if small entity status is requested) (as in Schedule II)

·         In the case of Indian organizations, proof of registration under the MSME Act, 2006, must be included.

·         As required by Rule 42 of the Designs Rules in the case of foreign entities, this must be supported by an affidavit signed by the applicant or an authorized signatory.

·         According to Rule 15 of The Designs Rules, the original Priority document

·         The Priority document has been authenticated and translated into English (if the original priority document is other than English)

·         Original assignment (if the applicant of priority application in the convention country is different from the Indian applicant).

Procedure concerning the Design Registration

The following text delineates the entire process of Design Registration:

I. Inspection

The Controller of Designs refers the application for registration of a design to the Examiner of Designs, who will determine whether the application and the supporting documentation meet the formal requirements and whether the design, when applied to an article, is registered under the terms of the Designs Act, 2000^[1], and Designs Rules, 2001.

II. Check for Formality

The assessor decides whether:

Is the application in the format required?

The required fee has it been paid?

The applicant’s name, residence, and country of citizenship are all provided.

Does the application form provide the service’s address?

The application form has a statement of proprietorship, right?

Does the representation sheet follow Rule 14’s instructions?

Is a power of attorney submitted, if necessary?

III. A Substantive Analysis

The proposed design is thoroughly examined to determine whether it:

Desirable design as defined by the Act?

Original or new?

Detrimental to morality or the rule of law?

Negatively affect India’s security?

IV. Examiner Report Consideration

If a design that has been applied to an article is qualified for registration, the Controller will take into account the Examiner’s report and register it right away. The applicant will receive the registration certificate as soon as possible after it has been issued.

If after reading the report, the Controller believes there are objections against the applicant or that the application needs to be amended, a statement of objections must be given to the applicant.

The application will be presumed withdrawn if the applicant does not respond to the objections within three months of the date on which the statement of objections was communicated or does not request a hearing.

After the application is filed, the period for removing objections cannot be longer than six months. However, this time frame may be prolonged by an additional 3 months by submitting a request in Form-18 within the allotted 6 months.

The application for design registration shall be granted if the applicant complies with all conditions established by the Act and Rules and communicated in the form of a statement of objections.

V. Design Certification & Dissemination

A month usually passes after an application is registered before it is published in the Patent Office Journal.

The registration number and the application number are interchangeable. An ordinary application’s filing date often serves as its date of registration.

VI. The Designs Register

All registered designs are listed in the Register of Designs kept by the Kolkata Patent Office. The register is accessible to the general public for review. On the IPI official portal, an e-register is additionally offered.

Conclusion

The aforementioned text imparts an unambiguous picturesque concerning the Design Registration. Design Registration is an initiative in the direction of standardizing the affluence of a particular brand by giving it a special characteristic distinct from those of other commodities in the market. Design Registration permits the proprietor of any industrial establishment to express his commodity-related services freely in the open market without the fear of imitation or Copyright. Our legal experts at BizAdvsiors.io provide a robust support system in the context of assisting individuals to easily obtain Design Registration for their products. You can freely contact our legal experts at BizAdvsiors.io for any kind of assistance or support concerning Design Registration.

Read our article:What are the Important Trademark Classes?