Design Registration
Design Overview
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
Key Characteristics of a Design Registration:
- Visual Nature: This includes unique shapes, patterns, colors, or images that serve to distinguish products or services.
- Distinctiveness: To qualify for protection, the design must be easily recognizable and not generic or descriptive.
- Use in Commerce: The design must be used in the market to identify the source of products or services.
- Non-Functionality: A design Registration only protects aesthetic or ornamental aspects of a product and does not cover functional features, which are protected under patent law.
Why Design Registration Are Important:
- Protection Against Copying: Safeguards the appearance of products from unauthorized copying and infringement.
- Added Value: Enhances the commercial value of products.
- Fair Return on Investment: Ensures the creators can benefit financially from their designs.
- Business Asset: Builds intellectual property assets that can increase business value.
- Promotes Fair Competition: Fosters a competitive marketplace by ensuring unique designs are not unlawfully replicated.
Why Registration Of Design Is Required?
- To protect any new / original design applied to any article which is a creation of human intellect by way of registration.
- To prevent the imitation/commercial exploitation of innovator’s design without prior consent of the proprietor/originator.
- To obtain reward by commercially exploiting the design as well as assigning / licensing the same to other parties.
- To increase interest in innovating more designs in the field of consumer products.
The Process of Design Registration:
- Create a Unique Design: Ensure the design is original and distinct.
- Trademark Search: Conduct a search to verify no similar design is already registered.
- File an Application: Submit your design application to the relevant trademark office.
- Examination: The trademark office reviews the application to ensure compliance with trademark laws.
- Approval and Registration: Once approved, the design is officially registered and protected under law.
Conditions for Design Registration:
A design may not be registered if:
- It is not new or original.
- It has been publicly disclosed before the filing date, in India or elsewhere.
- It is not significantly distinguishable from known designs or combinations of known designs.
- It contains scandalous or obscene matter.
- It is contrary to public order or morality.
Term of Protection
Once registered, a design is granted protection for an initial period of 10 years. This term begins from the filing date or priority date. After the first 10 years, the protection can be extended for an additional 5 years, providing a total of up to 15 years of exclusive right.
Conclusion
Design registration is a powerful tool for protecting the unique aesthetic elements of a product, ensuring that creators and businesses can benefit from their innovation. By securing exclusive rights over a design, the owner can prevent unauthorized use, promote their creative work, and enhance the value of their intellectual property portfolio. Additionally, design registration fosters competition, encourages innovation, and ensures that the marketplace remains dynamic and fair.
