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Design Registration

Exclusively for Entrepreneurs

Just in   4,999/-  Rs. 10,000/-

Company Registration @ Rs. 4,999/-

LLP Registration @ Rs. 4,999/-

MSME Certificate @ Rs. 999/-

offer

Import Export License @ Rs. 1999/-

Trademark Application @ Rs. 1499/-

One Year Free Consultancy


Design Registration

Exclusively for Entrepreneurs

Just in   4,999/-  Rs. 10,000/-

Enquire Now

Fill your details to get in touch

offer

Company Registration @ Rs. 4,999/-

LLP Registration @ Rs. 4,999/-

MSME Certificate @ Rs. 999/-

Import Export License @ Rs. 1999/-

Trademark Application @ Rs. 1499/-

One Year Free Consultancy

About Design Registration

The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.

The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.

A design registration is used to obtain protection for the features of shape, configuration, pattern or ornaments.

The design may consist of three-dimensional features, such as the shape or configuration of an article, or of two-dimensional features, such as patterns or ornaments.

The words “pattern” and “ornament” refer to something that is embossed, engraved or placed upon an article for the purpose of decoration.

Note: Design registration does not protect any technical features of the article to which it is applied.

Upon grant, design registration confers rights for a period of 15 years from the date of application. The registration is valid for an initial term of 10 years and can be renewed for another 5 years.

Amplus is, a leading legal consultant, offers quick copyright registration service in India. Amplus can help you register all types of brands. The average time taken to complete the filing of application is about 6 - 7 working days, subject to government processing time and client document submission. Get a free consultation for registration before and after the copyright registration. By filling up the above inquiry form you can speak to our expert advisor on the copyright registration process.

The Design Registration process is completely online, so you don't even have to leave your home to get your entity registered. At Amplus, we complete the application online within 6-7 working days.

Why Design Registration in India?

Registering the Design in India has many benefits. With the registering enhances goodwill into market. It will create a brand, trust, credibility and genuineness.

A design is what makes an article attractive and appealing. Hence, it adds to the commercial value of a product and increases its marketability.

When a design is protected, the owner i.e. the person or entity that has registered the design is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure that the design of the products is exclusive to the owner and the customer can at once identify the design of the product as that of the owner.

Process

Fill Out Forms Prrovided in Enquiry

We explain entire procedure on call

We submit your documents with IP

You will get certificate of Registration

FAQs

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.

Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.

When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.

The Register of Designs is a document maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.

The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.

The date of registration except in case of priority is the actual date of filing of the application. In case of registration of design with priority, the date of registration is the date of making an application in the reciprocal country.

No. A registered design, the copyright of which has expired cannot be re-registered.

For ascertaining whether registration subsists in respect of a design, a request should be made to the Patent Office, Kolkata. If the Design number is known, the request should be made on Form 6, otherwise on Form 7, together with prescribed fees. Each such request should be confined to information in respect of a single design.

Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design.

An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows:

"Artistic works" means: -

• A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.

• An work of architecture and

• Any other work of artistic craftsmanship.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind.

The intellectual property is classified into seven categories i.e

• Patent

• Industrial Design

• Trade Marks

• Copyright

• Geographical Indications

• Lay out designs of integrated circuits

• Protection of undisclosed information/Trade Secret according to TRIPs agreements.

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