First Auditors platform is a technology-driven platform that offers specialized legal and financial advisory services in India.
Along with India's liberalisation and globalisation, a wide range of products are available for consumers to choose from. In today's marketplace, the appearance of a product often takes precedence alongside its usefulness and quality, so manufacturers must consider both reliability and visual appeal.
Because consumers now make quick decisions based on how a product looks, businesses invest heavily in creative, distinctive designs and hire qualified designers to shape a product's appearance. Registering that design with the appropriate authority is what turns this creative investment into an exclusive, legally enforceable right.
Anyone who has created a distinctive visual appearance for a product should consider protecting it before it's copied.
Certain requirements must be met for a design to qualify for registration and benefit the applicant.
It is the design of an article — not its content — that is protected. The design must be applied to the article itself, such as the shape of a bottle or flower vase, or in a two-dimensional form such as a decorative pattern on wallpaper, and the article must be one that is supplied to the consumer as a finished product.
The design must be capable of being applied to the article in a way that appeals to and is judged solely by the eye. There should be a clear visual draw to a shape, pattern, or ornamentation.
A design can be registered only if it is new or original and has not previously been published in India. A well-known pattern can still be registered if it is applied to a genuinely new article. A design that is merely a trade variant of an existing one will not qualify — a fresh, distinct visual effect is required, and the design must not contain scandalous or obscene matter.
The design must not have been published in India before filing. Even a single public disclosure can amount to publication, so the design should be kept confidential until the application is filed.
The following documents are typically required to file a design registration application:
The following is a concise description of the procedure for design registration in India.
Preparing four copies of the design representation under Section 5, and identifying the correct Locarno class from the 32 classes (1–31, plus Class 99 for goods outside these classes).
Filing the application with the Design Office in the prescribed form along with the applicable government fee.
An examiner appointed under the Act reviews the application to determine whether the design qualifies for registration.
If the Controller raises an objection, a response must be filed within one month, or the application is treated as withdrawn. A hearing may also be requested.
If the Controller rejects the application, the applicant may appeal to the Central Government, whose decision is final.
Once registered, the design details are published, entered in the design register, and a registration certificate is issued.
A registered design is initially protected for ten years from the date of registration. This protection can be extended for a further period of five years, taking the total protection up to fifteen years, by filing an application and paying the extension fee before the initial term expires. To maintain protection, design owners must:
We manage every step, document, and follow-up with the Design Office so you can focus on your business.
We assess your design against the novelty and originality requirements before filing.
Preparing the design representation, statement of novelty, and correct classification.
Complete filing with the Design Office along with the required fee.
We respond to all objections and queries from the examiner on your behalf.
Regular follow-up with the Design Office to ensure timely processing.
Representation at hearings, and appeal support if the application is refused.
We remind you well in advance about the extension deadline for continued protection.
Help preparing and organizing all required documents for the application.
Advice on protecting your registered design against copying or infringement.
Talk to a First Auditor specialist today — get a clear fee quote and document checklist before you start.
Copyright © 2024 First Auditor,All Rights Reserved.