Design Registration In Chennai

At Intellecto Filings, the purpose of the Designs Act is to protect an original or creative design that has been generated and will be used to make a particular product using an industrial process or mode.

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Overview of Design Registration in chennai

The goal of obtaining design registration in chennai under the Designs Act, according to Intellecto Filings, is to protect a one-of-a-kind or creative design that has been created and is to be applied to a specific product during the manufacturing process via an Industrial Process or Mode.This protection does not apply to any technique, standard, construction, or other mechanical device, nor to any registered trademark as defined in Section 2(v) of the Trade and Merchandise Marks Act of 1958, nor to any property mark or creative work as defined in Section 2(c) of the Copyright Act of 1957. The Designs Act-2000 and the Designs Rules-2001 govern Design registration in Chennai.

A design is defined as the distinguishing features of shape, figure, plans, or ornamentation or composition of lines or colours or combination thereof applied to a product, which can be two-dimensional, three-dimensional, or both, by any manufacturing process or mode. The design process can be human, mechanical, automated, chemical, separate, or all-encompassing, and the finished object can appeal to and be recognised solely by sight.

Benefits of Design Registration in Chennai

Here are a few obvious advantages of registering a design under the Design Act of 2000.

Design Plagiarism Legal Protection: The Design Registration in Chennai process prevents other companies from copying, reproducing, selling, or distributing anything with identical designs to the original.

Validity Period Extending: A design registration in Chennai certificate is good for ten years. After the validity term has expired, it can be renewed for an additional 5 years.

Provides a Distinctive Selling Proposition: No doubt registering a design provides a business owner with a strong marketing edge. This indicates that a registered design distinguishes a corporate entity’s products from competitors in terms of personality and look.

It safeguards creativity: Products with registered designs are globally unique, which means they have never been published or utilized in any WTO member country, including India.

Elicits a response from the consumer: Another significant advantage of registering a design is that it only appeals to the general public and is evaluated only based on appearance.

Fosters Innovation: Because originality is a key condition for Design registration, the product must be appealing and different from others to foster innovation and healthy competition.

Documents needed for the Design Registration Application

  • Complete Form 1 in the approved format (as in Schedule II of the Designs Rules)
  • Representations must be developed following Rules 12, 13, and 14 of The Designs Rules and submitted in duplicate.
  • Original Form-21 (Power of Authority/General Power of Authority) (if submitted through a patent agent/advocates) (as in Schedule II)
  • If the applicant submits a copy of the General Power of Authority (GPA), it must be endorsed with the design application number that was used to file the original GPA.
  • Form 24 in the appropriate format (if claiming small entity status) (as in Schedule II)
  • In the case of Indian enterprises, it should be supported by proof of registration under the MSME Act, 2006.
  • In the case of foreign organizations, this shall be supported by an affidavit deposed by the applicant or an authorized signatory following Rule 42 of the Designs Rules.
  • Original Priority document per Rule 15 of The Designs Rules.
  • A certified English translation of the Priority document (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).

Process for Design Registration in Chennai

Form-1 applications must be filed with the necessary fees and must include the full name, address, nationality, name of the product, class number, and address for service in India.

  1. Foreign applicants must additionally provide an address in India for service, which may be the address of their Agent in India. Foreign candidates are required to provide an address in India for service.
  2. The Office will not proceed with the application unless such an address is provided.
  3. The class to which the article belongs must be appropriately indicated in Form-1. Articles have been categorized in the Third Schedule under the Designs Rules, 2001 based on the Locarno Classification. It should be noted that registering a design in more than one class necessitates filing a separate application for each class.
  4. Either the applicant or his authorized agent/legal representative must sign the application. An approved agent in India can only be appointed by a registered patent agent or a legal practitioner.
  5. If the applicant has previously registered a design in any other class of items, the fact of such registration, as well as the registration number, must be stated in Form-1.

II. Design Representation

Two copies of the design representation must be supplied. 02.05.02.05 describes the detailed standards for representation.

III. Durable Power of Attorney

An applicant may file a Design Application either personally or through a patent agent/legal practitioner. A power of authority must be presented with the application if it is filed through a patent agent/legal practitioner. A general power of attorney can also be used.

IV. Priority Document

A copy of the design application filed in the Convention Country must be submitted with the reciprocity application. Such copy must be officially certified by the Organization’s Official Chief or Head.

If the priority document was not filed with the application, it may be filed within three months. Form-18, coupled with the specified fee, may be used to request an extension.

Process

Complete the Design Registration procedure.

The entire Design Registration in Chennai procedure is outlined here –

1) Examining

The Controller of Designs refers the application for registration of a design to an Examiner of Designs for investigation as to:

  • Whether the application and supporting documentation meet the formal criteria; and 2. Whether the design, as applied to an object, is registrable under the provisions of the Designs Act, 2000, and Designs Rules, 2001.

2) Check for Formality

The Examiner decides whether or not:

  1. Is the application in the specified format?
  2. Has the prescribed charge been paid?
  3. Is the applicant’s name, residence, and nationality mentioned?
  4. Is the service address provided on the application form?
  5. Does the application form include a declaration of proprietorship?
  6. Is the representation sheet formatted per Rule 14?
  7. Is a power of attorney, if relevant, filed?

III. Substantive Examination

A substantive evaluation is performed to determine whether the proposed design is:

  1. What is a desirable design under the Act?
  2. Is it better to be new or original?
  3. Harmful to public order or morality?
  4. Dangerous to India’s security?

IV. Examiner’s Report Consideration

  1. If, after reviewing the report, the Controller determines that there are objection(s) against the applicant or that the application requires some amendment(s), a statement of objections must be conveyed to the applicant.
  2. If the applicant fails to comply with the objections or fails to request a hearing within three months of receiving the statement of objections, the application is presumed withdrawn.
  3. The period for removing objections should not exceed six months from the date of application submission. This term, however, might be extended by 3 months by requesting Form-18 during the 6 months.

The Controller shall review the Examiner’s report on the eligibility for registration of a design as applied to an article, and if it is eligible for registration, it shall be registered without delay. The registration certificate will be provided and mailed to the applicant as soon as possible.

V. Registration and Publication of Designs

After an application is registered, it is usually published in the Patent Office Journal within one month.

Both the registration and application numbers are the same. An ordinary application’s registration date is normally the same as its filing date.

VI. Design Registry

All registered designs are recorded in the Register of Designs at the Patent Office in Kolkata. The registry is open to the public for review. However, an e-registration form is also accessible on the IPI official website.

Validity

Design Registration Validity

The length of a design registration in Chennai is initially ten years from the date of registration, but it is ten years from the priority date in circumstances where a priority claim has been accepted. This first period of registration may be extended by another 5 years by applying to the Controller in Form-3, along with the specified fees, before the abovementioned initial period of 10 years expires. The owner of a design may apply for such an extension even after the design has been registered.

Our Support

Our Design Registration in Chennai Package offers the following features:

  1. . Submitting the Application
  2. Providing an Examination Report
  3. Controller Reaction
  4. Design Publication
  5. Registration of Designs
FAQ
According to the Designs Act of 2000, what does the term "article" mean?
According to the Designs Act of 2000, an “item” is any manufactured article or material, whether artificial or partially artificial and partially original. This also covers all components of the piece that may be completed and sold separately.
What is the primary goal of a Design registration in Chennai?
The primary goal of obtaining Design registration under the Designs Act is to protect new or inventive designs made for application to a specific object to be manufactured by an Industrial Process or mode from being duplicated. The purchase of consumer goods is sometimes influenced not only by their functional quality but also by their appearance. The primary goal of design registration is to ensure that the craftsman, inventor, or creator of an artistic design is not deprived of his legitimate reward by those who are duplicating his design on their items.
What is the meaning of "Design" according to the Designs Act of 2000?
According to the Designs Act of 2000, the term “design” applies solely to the features of shape, configuration, patterns, or adornments, or the work of art, including lines or colors, or a combination thereof, applied to any product. A design can be two-dimensional, three-dimensional, or both, and created by any industrial process or means, whether labor-intensive, automatic, or chemical-based, separate or joint, that attracts and is recognized solely by the naked eye in the finished article, but it does not include any method, principle, or manufacturing, or anything that is essentially a simple mechanical device. This excludes any trademark as defined in Section 2(v) of the Trade and Merchandise Marks Act 1958, any property mark, or any creative work as defined in Section 2(c) of the Copyright Act 1957.
When will I receive my Design Registration certificate after submitting my design registration application?
The application for design registration is accepted and the design is registered shortly after it is submitted in an ordered style. Following that, the applicant will be awarded a certificate of design registration. However, the applicant must make a separate request to the Controller of Designs for a certified copy of that certificate for legal purposes, together with the obligatory government fee.
What exactly is the Register of Designs?
The Register of Designs is nothing more than a record kept by the Kolkata Patent Office. It is a statutory necessity. This record contains the design number, its class number, the date of filing (in India) and the reciprocity date (if any), the proprietor’s name and address, and other vital information that may impact the design’s proprietorship’s validity. It is open to the public for inspection with payment of the specified authority fee, and an extract from the record of the design may be obtained upon request upon payment of the prescribed government price.
Can I obtain Design registration for my postage stamps, sticker labels, tokens, and business cards that will be used in an article?
No, the things listed above are not eligible for Design registration. The reason for this is that if the alleged Design, i.e., decoration, is erased, merely a piece of paper, metal or similar material remains, and the product in question will no longer exist. The article must have its existence apart from the Designs that have been done to it. [An Order in civil original case No. 9-D of 1963, Punjab High Court, ruled that the design in respect of the label was ineligible for Design registration]. As a result, the Design as applied to an article should be seen as an inherent part of the content itself.

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