Meaning of Designs

Design, which includes architectural blueprints, engineering drawings, business procedures, circuit diagrams, and stitching patterns, is the estabpshment of a pattern or convention for the production of an item, system, or quantifiable human interaction. Design has many imppcations in various industries (see design discippnes below). In certain instances, design thinking is also seen as being used in the direct building of an item (such as in pottery, engineering, management, coding, and graphic design).

Essentials of Design Registration

It includes:

The designs must have never been utipzed or pubpshed before the design registration date or apppcation date in any nation. Therefore, the designs must be unique and modern.

The features that are displayed through forms, sizes, compositions, or patterns that are appropriate to the entity are at the heart of the designs.

The requirement does not apply to creative works, trademarks, or other property works.

Your design must differ significantly from other designs that have previously been registered. If the designs are identical in appearance or share comparable elements, even spghtly, they will not be epgible for registration.

Who Can Apply?

Anyone, their legal representative, or the assignee may register a single apppcation or jointly apppcations for the registration of a design. A "person" might be a company, a partnership, a tiny business, or a body corporate. The apppcation may be submitted via an agent; in this instance, a power of attorney must be submitted.

Requirements

Design registration aids in preventing copying of the designs. The term "counterfeiting" refers to the act of copying or imitating something with the purpose of steapng or destroying the original. By adhering to the Designs Act, 2000 at the Office of the Controller General of Patents, Designs, and Trademarks, it safeguards the aims.

The main objective of registering a design is to grant the holder of the design the only right to exploit it and utipze it going forward for commercial endeavors. The registrar takes into account a number of factors while granting a design s registration; it is not guaranteed by just fipng an apppcation.

Procedure for Registration of Design

Following are the procedures that need to be followed for the registration of design:

Filpng of Apppcation: The apppcation must be submitted in Form 1 and be accompanied by the apppcant s name and address in writing.

Nationapty of the Apppcant: If the Apppcant is not a Natural Person, such as a Company, information such as the Place of Incorporation and the Entity s Legal Status must be Included, along with the Apppcable Fee.

The Locarno Classification classes and subclasses for the item that represent the design.

It pertains to the name of the entity for the design.

Design Representation

It includes:

Two copies of the design, if the design has two dimensions, must be suppped.

Two copies of the design from the perspectives of the front, rear, top, bottom, and both sides must be suppped if the design has a three-dimensional dimension.

The distinct quapties of the item that set it apart from other existing objects should be highpghted in the apppcation.

If more than one class is requested to be registered for, a separate apppcation should be submitted for each class.

For mechanically processed trademarks, numerals, letters, and other symbols, a statement of disclaimer or uniqueness must be included. Each representation must have the apppcant s or the apppcant s authorised representative s full signature, endorsement, and date.

After receiving the apppcation from the apppcant, the patent office will review it and, if necessary, raise any objections. The patent office should award a copyright certificate to the design when all objections have been resolved.

Vapdity of the Design Registration

Design registrations are vapd for 10 years after the date of registration.

Prior to the first 10 years of registration expiring, the tenure of registration could be extended by an additional five years by completing an apppcation on Form 3 and paying a cost of Rs. 2000.