Why use Taxapillar for design registration?

- Our Taxapillar experts are here to assist you every step of the way in the technical process of design registration.

- You can trust us to ensure prompt filings and provide a convenient online process for your convenience.

- We are here to make your life easier by helping you prepare the design registration application effortlessly.

- Please note that we will require a power of attorney to apply on your behalf and we will take care of filing the registration along with all the necessary documents on your behalf.

- Once the application is submitted, we will provide you with a unique design number that you can use to easily track the status of your application.

- Your application will be filed with the design wing of the patent office, ensuring efficient handling.

- The examination process typically takes approximately 6 months, so rely on taxapillar support while we handle the entire process for you.

- While we diligently work on your application, we advise you to periodically check the status for any updates.

Step-by-Step Guide to Registering Your Design in India

1. Let’s begin with a design search: We'll diligently investigate existing designs to ensure that your design is fresh, completely original, and won't face any potential infringement issues. Your creation deserves the spotlight.

2. Leave the paperwork to us: We'll expertly prepare and file the application for your design registration, taking care of all the necessary documentation. Just sit back and relax while we handle it all, including the drawings or photographs of your remarkable design and any other required information.

3. Time for examination: Once your application is filed, the Indian Design Office will carefully examine it to ensure that all the necessary requirements are met.

4. Let the world know: If your application is accepted, design will be proudly published in the official gazette for all to see. This publication also gives the public an opportunity to raise any objections they may have.

5. Registration Grant: Once all objections have been addressed or if there were no objections in the first place, the Indian Design Office will happily grant your design registration. You'll then receive a registration certificate with a validity of 10 years.

6. Registration Renewal: After the initial 10-year span, you have the option to extend your registration for another five years. Taxapillar is here to lend a hand with the renewal process and ensure your design registration remains active.

 Eligibility criteria for Qualification

Individuals, their authorized agents, or their designated representatives are eligible to submit either one application for registration or multiple applications.

The term 'individual' is encompassing of partnership firms, smaller entities, and other corporate bodies. In the case of an applicant being an NRI, a representative or an agent is mandated to apply for a specialized registration.

 Important Considerations When Submitting a Design Registration Application

·         To facilitate the processing of a Design Registration Application, it is crucial to ensure the accurate completion of the application form and the availability of a well-prepared representation. Many forms are initially rejected due to improper filing, leading to unnecessary complications.

·         In response to formal objections, agents or attorneys often challenge the imposed deadlines, resulting in an additional delay of 4-5 months. Therefore, utmost care must be taken in preparing the required documents for Design Applications.

·         The Design Wing of the Patent Office is wholeheartedly committed to registering all properly submitted Design applications. By meeting the vital conditions within just one month from the date of application filing, successful registration can be achieved.

What things are not covered by a Design Registration?

Design registration does not offer protection for artistic or literary works like books, calendars, stamps, tokens, buildings, structures, and maps, unlike copyright protection.

Furthermore, it is important to note that designs resembling national flags, emblems, or any country's signs are not eligible for application.

 How to ensure the validity of design registration?

The validity of a design registration lasts for 10 years, and you can even extend it for an additional 5 years by simply paying the necessary fees. If you happen to forget or miss the renewal deadline, you still have a chance to bring back your design through a simple process.

All you need to do is submit an application for restoration within one year of your design's expiration using Form 4. Once your application gets approved, you can easily pay the required renewal fees to reinstate your design.

 How to check the status of design application?

The current registration status of a design can conveniently be verified by the applicant, their authorized representative, or any concerned individual on ipindiaservices.gov.in. Use the 'Design Application Status' option and enter the corresponding 'application number' to promptly obtain the relevant results.

 How to Cancel a Registered Design?

According to the Design Act of 2000, under Section 10, you have the power to revoke a registration in the following situations:

- If the design is already widely used and known by others.

- If the design registration is not unique or original.

- If the design has already been registered by someone else.

- If the design was published in another country before the registration date.

- If the design does not meet the guidelines outlined in the Design Act for what qualifies as a design.

 Law of Design act 2000

There is a law in India called the Designs Act of 2000 that regulates the registration of industrial designs. This law was passed on 11 May 2001, after making updates to the previous Act from 1911.

Additionally, the Design Rules of 2001 were modified by the Designs (Amendment) Rules of 2008 and the Designs (Amendment) Rules of 2014. These changes were put in place to ensure better protection and incorporation of industrial designs.

 Different types of design registration applications are available:

1. Common Application

This is a regular application with no option to claim priority.

2. Reciprocity Request

If you have previously filed a design application in a convention country, you can submit a reciprocity request. This allows you to assert priority over your previous filing. Remember, if you want to file this request in India, you must do so within six months of the date on which the application was filed in the convention country. Just a friendly reminder, it is not possible to extend this six-month time frame.

 Advantages of Design Registration in India

The registration of a design under the Design Act 2000 offers several benefits, which are outlined below:

 Legal Safeguard against Design Imitation: By registering their designs, businesses gain the ability to prohibit others from utilizing their designs to manufacture, sell, or distribute products.

 Extended Validity Period: A design registration online certificate remains valid for duration of ten years, which can be further extended for an additional five years beyond this initial period.

 Competitive Edge: Design registration provides business owners with a distinctive advantage, differentiating their products from those of competitors by imparting them with a unique character and appearance.

Preserves Uniqueness: A product bearing a registered design possesses its distinctiveness, ensuring that it has not been previously utilized or published in India or any other WTO member state

Stimulates Customer Response: A significant benefit of design registration is that it is evaluated solely on its visual appeal, appealing specifically to the general public

Fosters Innovation: The requirement of uniqueness for design registration promotes innovation and fosters healthy competition by necessitating products to be attractive and sufficiently differentiated from rival offerings