Design Registration in India – Professional Rephrased Version (Pointer Format)

Overview

To register an industrial design in India, an application must be filed with the Controller of Designs at the Patent Office. The design must be new, original, and visually distinctive, and should not constitute a mechanical device or a mode of construction. After examination and compliance with objections, the design is registered and published in the Patent Office Journal. Protection is granted for 10 years, extendable by an additional 5 years.

Key Aspects of Design Registration in India

• Governing Law

Design registration is regulated under:

• The Designs Act, 2000

• The Designs Rules, 2001

• What Qualifies as a Design

A registrable design protects the shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article in its finished form.

Requirements for a Registrable Design

• New & Original
  The design must be novel and not previously published, disclosed, or used anywhere globally.

• Visual Appeal
  It must be judged solely by its visual appearance, having aesthetic value that appeals to the eye.

• Excludes Trademarks & Copyrighted Artworks
  The design should not include artistic works protected under copyright or any forms of trademark.

• Not a Mechanical Device
  The design cannot merely represent a mechanical configuration or construction mechanism.

Design Registration Process

1. Application Filing
   Submit the design application to the Controller of Designs.

2. Examination
   The Examiner evaluates the application for formal compliance and registrability.

3. Examination Report
   Any deficiencies or objections are communicated through an official report.

4. Rectification & Hearing
   Applicants must address all objections; if unresolved, a hearing may be scheduled.

5. Registration
   Upon compliance, the design is formally registered.

6. Publication
   The registered design is published in the Patent Office Journal.

Rights & Duration of Protection

• Exclusive Rights
  The owner gains exclusive rights to use the design and can initiate legal action against infringers.

• Duration
  Protection is valid for 10 years from the date of registration.

• Renewal
  The registration can be renewed for an additional 5 years, extending protection up to 15 years.

“We Design, We Craft, We Draft Your Case. Our Commitment.”