Industrial design registration is the blend of aesthetics and functionality, giving products that seamlessly blend form and purpose. These protections ensure that the aesthetic and functional aspects of a design remain the exclusive domain of its creator.
Registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001.
The industrial design registration procedure in India involves several steps and follows the guidelines set by the Indian Patent Office, administered by the Controller General of Patents, Designs & Trademarks (CGPDTM).
Steps to register an industrial design in India:
Eligibility: To be eligible for industrial design protection, the design must be new and original. It should not have been published or publicly disclosed before filing for registration.
Preparation of Design: Prepare detailed drawings or representations of the design. These drawings should clearly depict the features for which protection is sought.
Filing Application: You can file the application for design registration online or through the postal service. The application should include:
- Name and address of the applicant(s) or proprietor(s).
- Representation of the design.
- Class and article to which the design is applicable.
- Statement of novelty and originality.
- Priority data, if applicable.
- A statement regarding the proprietorship of the design.
- Power of attorney (if filed through an attorney).
Examination: The Design Office will examine the application to determine if it meets the eligibility criteria and doesn’t violate any laws or regulations. If there are any objections, you will be notified.
Publication: Once application passes examination, the design will be published in the Design Journal for public opposition. Others can oppose the registration within four months from the date of publication.
Registration: If there are no oppositions or if any oppositions are unsuccessful, the design will be registered, and a certificate of registration will be issued.
Renewal: Industrial design protection lasts for ten years from the date of registration, and it can be renewed for an additional five years. You need to pay the renewal fees to maintain protection.
Enforcement: Once registered, you can enforce your design rights against anyone who uses your design without permission.
Conclusion
Process and requirements of industrial design registration may change over time, so it’s essential to consult the latest guidelines and regulations from the Indian Patent Office or seek legal advice for the most up-to-date information.
To learn more visit – https://videaimip.com/blog/industrial-design-in-india/
How Videaim IP can help you dealing with Industrial Design Registration in India?
We at VideaimIP, have experienced patent attorneys that are already serving many businesses through the industrial design registration procedure, and enforcement actions in India as well as obtaining protection in multiple countries.
If you want to discuss more about seeking Industrial Design Registration in India, Please feel free to contact us or Email your queries at info@videaimip.com and videaimip@gmail.com