DESIGN REGISTRATION @ Rs 11500
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- OPC Registration
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- Trademark Application
Register your design at Rs 11500 with Shop legal. An industrial design means the shape of a product, configuration, pattern, ornament or composition of lines or colors applied to any products whether in two-dimensional or three-dimensional or in both forms, by any industrial process. Designs are distinct if they have different models, shapes, and appearances even though they are the same line of articles. Designs should be independent and distinct, and there should not be an apparent relationship between two or more articles. For example, a pair of sunglasses and a door lock is independent articles and must be applied in separate applications.
Shoplegal patent attorneys are specially trained in this field and are best able to secure the greatest patent protection to which application is filed. Our attorneys will ask you to provide the details required for the registration in the prescribed formats along with the design registration application form. It is strongly suggested that applicant follow the formats presented. The application for the registration of designs can be filed through Shoplegal, and the application for the design registration should be submitted with two copies of the original work. The industrial design should be unique, original, and not previously published anywhere. The registrar shall grant a certificate of registration when it’s registered and the registration is valid for the period of 10 years from the date of application. The right of design registration can be further extended for five years.
Requirement for Design Registration:
- Basic Elements:
The applicant should state his name, the title of the design, and a brief description of the article in which the design is proposed to be applied. Title of the design registration must identify the article by the name generally known. The marketing descriptions are not allowed in titles.
Every design application must include a black and white photograph of the design. The photograph should be clear and incorporate an adequate and sufficient number of perspectives to comprise a complete disclosure of the appearance of the design.
- The perspectives:
The photographs should contain a number of views to disclose the appearance of design, i.e., front, rear, right and left sides, top and bottom. It is suggested that perspective views to be submitted for application of design registration.
Applicant enjoys the exclusive right over the designed invention. And he also has the right to assign the design, grant licenses.
A design right provides legal protections to the designs. The certificate of registration and entries made therein serve as prima facie evidence in a court.
Industrial Design is a kind of Intellectual Property that is utilized to identify and distinguish the nature of article. Design Act gives exclusive rights to the applicant
Design permits its owner to stop others from making, or selling the products as claimed in the design application. This will create the market demand for the product.
Registered designs promote and build a feeling of trust and quality in the customers mind and it establishes credibility.
FAQ on Design Registration
What is meant by ‘Design’?An industrial design means the shape of a product, configuration, pattern, ornament or composition of lines or colors applied to any products whether in two-dimensional or three-dimensional or in both forms, by any industrial process
What is the importance of Design Registration?The importance of Design registration is to protect new or original designs so created to be applied to particular products to be manufactured by Industrial Process.
When does the Applicant get the registration certificate?Design application number within 2 days. The applicant can start using the number in article. When an application for registration of a Design is in order, it is accepted and registered. The overall process will take upto 8 months approximately
What is the duration of the registration?The registrar shall grant a certificate of registration when it’s registered and the registration is valid for the period of 10 years from the date of application. The right of design registration can be further extended for five years.
Why Shoplegal in Designs?You are required to have a registered patent Attorney represent you in design matters at the Controller of Design office. Shoplegal licensed attorneys who specialized in design can provide valuable advice and help you during the applications process.
What is Design Piracy?It means the application of a design belonging to class of product in which the design has been registered for the purpose of sale of such product without the written consent of the registered applicant.
What is the penalty for the piracy?If anyone contravenes the design he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/
Why early application is recommended?First-to-file rule is applicable. If more than two applications relating to an identical design are filed on different dates only first application will be considered for the registrations. Hence, early application is recommended.
Is it possible to transfer the ownership?Yes, it is possible to transfer the right by assignment or agreement deed between the parties by operation of law
What are the essential requirements for the registration?The design should be new or original, it should relate to features of shape, configuration, pattern or ornamentation; it should be applicable to any article by any industrial process.