SPJ Advocates: Industrial Design registration Law firm in India, Gurgaon, Delhi

Design Registration Law Firm In India

Design law in India is designed to protect registered designs and encourage creative design work. This protection is given to original designs that are visually appealing. Registering a design gives the owner a significant commercial advantage. However, it is crucial to apply for design registration before any public display or commercialization of the product, as doing so before registration can lead to loss of rights.

India offers faster design registration compared to other forms of intellectual property, and as a member of international agreements, it ensures global protection for industrial designs. If someone infringes on a registered design, the owner can file a civil lawsuit for an injunction to stop the infringement. SPJ Advocates & Co. offers comprehensive design services, including design registration, enforcement, and legal consultancy.

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Design Registration in India

Design registration in India safeguards the unique and original features of a product’s appearance, such as its shape, pattern, and ornamentation that are visually appealing and new. Governed by The Design Act, 2000, and The Design Rules, 2001, this registration excludes purely functional aspects, trademarks, and artistic works.

Registering a design offers several benefits, including enhancing the visual appeal and market value of a product, making it more attractive to consumers. Once registered, the design becomes the exclusive property of the owner, who can prevent others from copying or imitating it. The owner also has the right to sell or license the design, earning royalties. With legal protection lasting 10 years, and an option to renew for an additional 5 years, design registration helps secure the product’s unique look and supports its commercial success in the marketplace.

Design Registration Process: How to Apply and What to Expect

To register a design, the applicant must provide their full name, citizenship details, a descriptive title for the design, and clear images or drawings from multiple angles to fully illustrate the design. It should also be classified according to the Locarno Index, ensuring proper categorization.

Steps for Design Registration

Submit Application: Fill out the application form completely and submit it with four copies of the design and the required fee to receive your application number.
Review Process: The design office reviews your application. If any issues are identified, applicants have six months to address them.
Opposition Period: Opponents have three months to object to the submitted design.
Acceptance or Rejection: If all requirements are met, your design is accepted; otherwise, it may be rejected.
Publication and Certification: Once accepted, your design is published in the Official Journal, and you receive a registration certificate.
Registration Validity: The registration is valid for 10 years, with an option to renew for an additional 5 years. Failure to pay the renewal fee will result in cancellation of the registration.

Design Infringement, Objections, Dispute Resolution, and Litigation Services:

We expertly manage the entire process of industrial design registration, ensuring your intellectual property is fully protected. Our services include:

Conducting detailed design searches and thorough due diligence to confirm the originality and legal clearance of your designs.
Drafting design licensing agreements and related documents to safeguard your design rights.
Developing customized protection strategies to defend your product from infringement.
Providing strong legal representation in court for all design-related disputes and litigation.
Filing and submitting design applications, ensuring compliance with all legal requirements.
Addressing and resolving objections raised by the Opposition OR Trademark Registry to secure approval for your designs.
Liaising and representing your interests before the Controller of Designs, ensuring smooth processing.
Creating design rights enforcement strategies to protect your design rights against unauthorized use.
Managing litigation related to design infringement, offering comprehensive legal support to protect your interests.

The Design Registration team at SPJ Advocates specializes in providing comprehensive legal services to clients worldwide. We offer tailored design protection and registration strategy advice, particularly for SMEs, start-ups, Manufacturing, and individual inventors. Our services include conducting design searches, advising on infringement risks, preparing documentation, and handling objections or disputes. If conflicts arise, our expert team provides robust dispute resolution and litigation services, ensuring your design rights are fully protected across multiple jurisdictions. Please call us for more information about our sector expertise.

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Frequently Asked Questions (FAQ) for Design Registration

What is a registered design and what are its benefits?

A registered design protects the unique appearance or shape of a product, which can include features like lines, colors, shapes, or surface patterns. The main benefit of a registered design is exclusive rights to use, sell, or license the design, preventing others from copying or imitating it.

How many years of protection does a registered design offer?

In India, a registered design offers protection for an initial period of 10 years, which can be extended by an additional 5 years upon renewal.

How long does design registration take?

The registration process for a design in India typically takes around 6-12 months, depending on the completeness of the application and any objections that may arise during examination.

What is the procedure for filing a registered design application in India?

Preparing and filing a design application with the Indian Patent Office.
Submitting the required forms, drawings, and a statement of novelty.
The application is then examined for compliance and uniqueness.
If no objections are raised, the design is accepted and registered.
Upon registration, the design is published in the official journal.

What are the renewal fees for design registration in India?

To renew a design registration after the initial 10-year period, a renewal fee must be paid to the Indian Patent Office. The exact fee can vary, and timely payment is necessary to maintain protection for the additional 5 years.

What is registered design infringement?

Registered design infringement occurs when another party uses, manufactures, or sells a product that has the same or similar appearance to the registered design without permission from the owner.

Can a registered design be sold or licensed?

Yes, the owner of a registered design can sell, assign, or license the design to others, allowing them to use the design legally.

What are the requirements and features for registering a design?

To register a design in India, the design must be:

New or original.
Not previously disclosed or published in any country.
Not functional, meaning it should be about the appearance rather than how it works.
Not include any offensive or scandalous matter.

How does design protection work in India?

Once a design is registered, the owner has the exclusive right to use it for commercial purposes in India. This includes the right to prevent others from copying or using the design without consent.

Is global design protection available?

Design protection is territorial, meaning a design registered in India is only protected in India. For global protection, separate applications must be filed in each country of interest or through international treaties like the Hague Agreement.