RandL Legal Services Pvt. Ltd.

Intellectual Property /Design Registration

Design Registration is a legal process that provides exclusive rights to the visual appearance of a product. It safeguards the unique features, shape, configuration, pattern, and ornamentation of a design. Registering a design in India offers protection against unauthorized copying or imitation.

INTELLECTUAL PROPERTY

Design Registration

Eligibility Criteria

To be eligible for design registration, the design must be new, distinctive, and not published or disclosed prior to filing the application. It should have an aesthetic appeal and not be contrary to public order or morality.

Application Filing

The first step in design registration is filing an application with the Design Wing of the Intellectual Property Office. The application should include clear representations or drawings of the design along with the prescribed fees.

Examination and Publication

After filing, the application undergoes examination by the Design Wing. If found compliant, the design is published in the Design Journal, opening a window for opposition by third parties within a specified period.

Registration and Certificate

If no opposition is raised or successfully defended, the design is registered, and a registration certificate is issued. The registration grants exclusive rights for a period of ten years, which can be further extended for five years.

Enforcement and Protection

Once registered, the design owner can enforce their rights and take legal action against infringement. The design registration acts as evidence of ownership, allowing the owner to protect their design against unauthorized use.

Faq

Design registration in India is initially valid for ten years from the date of registration. It can be further extended for an additional five years upon payment of renewal fees.
No, each design must be filed as a separate application. However, similar or related designs can be filed as a series application, covering multiple variations of the same design concept.
Yes, it is important to disclose all essential features and aspects of the design during the registration process. Failure to disclose may affect the validity and enforceability of the registration.
Yes, a registered design can be licensed or transferred to another party through a formal agreement. This allows the owner to grant permission to others for using the design or transfer their rights entirely.
No, it is advisable to file for design registration before disclosing the design publicly. Public disclosure before filing may affect the novelty requirement, making it ineligible for registration.
In case of infringement, the design owner can take legal action to protect their rights. This may involve sending cease and desist notices, seeking injunctions, and claiming damages for unauthorized use.

Our simplified process

01Design Assessment

Our experts assess the uniqueness and eligibility of your design for registration, ensuring it meets the necessary criteria and requirements.

02Application Preparation

We assist in preparing a comprehensive application, including accurate representations and descriptions of your design, along with the required documentation and fees.

03Examination and Response

We liaise with the Design Wing of the Intellectual Property Office and handle any queries or examination requirements during the registration process, ensuring a timely and comprehensive response.

04Registration and Certificate Issuance

Upon successful examination and completion of the registration process, we facilitate the issuance of your design registration certificate, providing you with legal proof of ownership and exclusive rights.

Clients Speak

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