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Design registration in Tirupur

Design registration in Tirupur

 

 

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Design registration in Tirupur refers to the process of securing legal protection for the visual appearance of a product, including its shape, ornamentation, and surface decoration. It is governed by the Designs Act, 2000, and administered by the Controller General of Patents, Designs, and Trademarks.

Design registration is crucial for creators and businesses as it provides exclusive rights over the design, preventing others from copying or using it without permission.

Eligibility for Design Registration:

To be eligible for design registration in Tirupur, the design must meet the following criteria:

Novelty:

The design must be new and original, not previously published or publicly disclosed in India or elsewhere.

Non-Obviousness:

The design should not be obvious to a person skilled in the relevant field of design.

Not Contrary to Public Order or Morality: The design should not be contrary to public order, morality, or any established law.

Design Registration Process:

Search and Analysis:

Before applying for design registration, it is advisable to conduct a search to ensure the design is novel and unique. This can help avoid potential rejections.

Application Filing:

The applicant (creator or owner) needs to file an application for design registration in Tirupur with the Design Wing of the Indian Patent Office. The application should include:

A request for registration.

  • Representation of the design (drawings, photographs, or specimens).
  • A statement of novelty and distinctiveness.
  • Name, address, and nationality of the applicant.
  • The class and article to which the design relates.

Examination:

After filing, the application undergoes formal and substantive examinations. During the substantive examination, the design is assessed for novelty and distinctiveness. If the design is found to be non-novel or obvious, the application may be rejected.

Publication:

Once the design application is accepted for design registration in Tirupur, it is published in the Design Journal. This publication serves as a notice to the public about the existence of the design.

Opposition:

Within four months of publication, third parties can file an opposition against the design if they believe it does not meet the eligibility criteria. The Controller may then decide on the opposition.

Registration:

If there are no oppositions or if the oppositions are unsuccessful, the design is registered, and a certificate of registration is issued to the applicant.

Rights and Duration:

Design registration in India grants the following rights to the registered proprietor:

Exclusive Use:

The registered proprietor has the exclusive right to use, make, import, or sell the design for an initial period of ten years, extendable by five years (total of fifteen years).

Design registration in Tirupur

Protection against Infringement:

The registered proprietor can take legal action against anyone who copies or uses the registered design without permission.

Licensing and Assignment:

The registered proprietor can license or assign their design rights to others, allowing them to use the design in exchange for royalties or other considerations.

Enforcement and Infringement:

If someone uses a design that has design registration in Tirupur without authorization, the registered proprietor can take legal action for design infringement. Remedies may include injunctions, damages, and orders to stop the infringing activities.

Thus, design registration in India provides creators and businesses with legal protection for their unique designs, preventing others from copying or using them without permission. The process involves filing an application, examination, publication, and potential opposition.

Once registered, the proprietor gains exclusive rights over the design, allowing them to enforce those rights against infringers. Design registration encourages innovation and creativity while safeguarding the interests of designers and businesses.

What is the period of design registration?

The period of design registration refers to the duration for which a registered design remains legally protected under the intellectual property laws of a specific jurisdiction, such as in India. The period of design registration varies from one country to another and can be subject to certain conditions and renewal requirements. In India, the period of design registration is governed by the Designs Act, 2000.

Initial Period of Protection:

In India, upon successfully registering a design, the initial period of protection is ten years from the date of registration. During this time, the registered proprietor (the person or entity that owns the design) enjoys exclusive rights over the design. These rights include the right to use, make, import, and sell products featuring the design which has design registration in Tirupur.

Renewal and Extension:

At the end of the initial ten-year period, the registered proprietor has the option to renew the design registration for an additional period of five years. This extension is subject to the payment of the prescribed renewal fees and compliance with the renewal process outlined by the Design Wing of the Indian Patent Office.

Total Duration of Protection:

The total duration of design protection in India, including both the initial period and the extended period after renewal, can be up to fifteen years from the date of registration.

Renewal Process:

To extend the protection of a registered design beyond the initial ten-year period, the registered proprietor must follow the renewal process, which typically involves the following steps:

Application for Renewal:

The registered proprietor should file an application for the renewal of the design registration in Tirupur with the Design Wing of the Indian Patent Office. This application should be submitted within the prescribed timeframe, which is usually before the expiration of the initial ten-year period.

Payment of Renewal Fee:

Along with the renewal application, the registered proprietor must pay the renewal fee as specified by the authorities. The fee amount may vary and should be confirmed from the official sources.

Verification and Approval:

The Design Wing of the Indian Patent Office will verify the application and fee payment. If all requirements are met and there are no objections, the design registration in Tirupur will be renewed for an additional five years.

Issuance of Renewal Certificate:

Once the renewal is approved, the Design Wing will issue a renewal certificate to the registered proprietor. This certificate serves as evidence of the extended protection period.

Importance of Renewal:

Renewing a design registration is essential for maintaining the exclusive rights and legal protection over the design. Failure to renew the design registration within the stipulated timeframe could result in the loss of protection, making the design part of the public domain. In such a case, others may freely use, reproduce, or modify the design without infringing any intellectual property rights.

Infringement and Enforcement:

During the protection period (both initial and extended), the registered proprietor has the legal authority to take action against any unauthorized use or infringement of the registered design. Remedies may include seeking injunctions, claiming damages, or requesting the court to stop the infringing activities. Properly renewed design registrations are crucial for enforcing these rights effectively.

Conclusion

In conclusion, the period of design registration in Tirupur initially lasts for ten years from the date of registration, with the option to extend it for an additional five years through the renewal process. The total duration of protection can be up to fifteen years. Renewing a design registration is essential to maintain exclusive rights and enforce intellectual property protection over the design. Properly managed design registrations are valuable assets for creators and businesses, ensuring the continued protection of their unique and innovative designs.

Design registration in Tirupur

 

Design registration in Chennai

Design registration in Chennai

 

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The Features of Shape, Pattern, Configuration, and Ornamentation, as well as the composition of lines or colours applied to the items that must be registered and are protected by the Design Registration Act of 2000. Design registration is a form of intellectual property protection that prevents a newly created design from being copied on an industrially produced product. Design registration grants the creator complete use rights for ten years, which can be extended for an additional five years.

Under the Design Act of 2000, any shape, layout, pattern, or ornament, as well as a combination of lines and colours, can be registered.

However, for a design to be registered, it must meet the following requirements:

  1. It would be ideal for the configuration to be new and unique.
  2. The shape, presentation, configuration, pattern, or ornament applied to an article should be the focus of the design.
  3. An industrial process should be used to apply the design to any item.
  4. The article should contain the design, which should be visible.
  5. Trademarks and copyrights should not be included in the design.
  6. In the event of infringement, the owner of a registered design has the right to pursue legal action under the Design Act.

Items that are not valid to have design registration

 

Some items cannot have registration, including the following:

  1. Calendars, books, certificates, forms, and other documents. Patterns for making clothes, jackets, greeting cards, maps and design cards, postcards, stamps, and medals.
  2. Tokens, cards, labels, cartoons, or any principle or method of article construction.
  3. Simply a mechanical device.
  4. Buildings and structures cannot have Design registration in Chennai.
  5. Parts of articles are not sold as a whole.
  6. Variations are utilized frequently in the industry.
  7. Modification of basic assembly parts in a workshop.
  8. Merely a change in the article’s size.
  9. Any nation’s emblems, signs, or flags cannot have Design registration in Chennai.
  10. Layout designs of incorporated circuits.

 

Registration process

  1. Along with the applicant’s information (name, address, and nationality), the application for Design registration in Chennai should be submitted on Form 1.
  2. The applicant’s legal status must be disclosed if they are not a natural person, such as a business.
  3. The name of the item that is the subject of the design is necessary for the Design registration in Chennai. Two duplicates must be submitted if the design is two-dimensional. The applicant must emphasize the design’s distinctive characteristics.
  4. Each class of registration must have its application if the application mentions registering the design in more than one class.
  5. Each representation of the mechanical processes, trademark number, and letters ought to be accompanied by a novelty specification or disclaimer.
  6. Each representation must be witnessed and signed by the applicant for Design registration in Chennai or an authorized individual.
  7. The patent office will examine the application following its submission, and any objections will be raised.
  8. The patent office will issue a Copyright certificate to the design once all objections are resolved.
  9. The design is to have Design registration in Chennai for ten years from the registration date.

Things to remember during design registration

Filing

By submitting an appropriate and professional application that addresses all aspects of the Design Act, one can significantly increase their chances of successful Design registration in Chennai.

Processing

The submission of an application for Design registration in Chennai does not guarantee the design’s registration. The registrar is the person who provides registration based on the facts and premise of each case. Design registration is a process.

Timeline

Once an application for Design registration in Chennai has been submitted, it is essential to regularly monitor its status until it is processed on the government website.

The process of applying for Design registration in Chennai sometimes requires the applicant to respond or take action within a certain amount of time.

As a result, it is necessary to regularly monitor the application’s status and carry out the necessary actions.

Protection

The Patent Office maintains and publishes a list of all designs that have Design registration in Chennai to inform competitors about design registration and prevent replication.

Under the Designs Act, the owner who has Design registration in Chennai can seek legal assistance in the event of an infringement.

10 Years protection

The Designs Act grants Design registration in Chennai for a ten-year period that can be renewed for an additional five years.

However, designs used in an industrial process on any item are the only ones subject to Design registration in Chennai.

As a result, products that fall under either the Trademark Act or the Copyright Act cannot have Design registration in Chennai.

design registration in chennai

Importance of design registration

  1. The objective is to safeguard an original industrial design that is immediately recognizable by its distinctive shape, structure, patterns, beautification, and mix of such shapes or colours and hints at the development of novel and revolutionary aspects of a product.
  2. To protect distinctive designs from being copied or exploited to promote and foster creativity and originality, a business organization in India can acquire a strong and well-placed legal defence.
  3. To have Design registration in Chennai and protection, a design must meet the following requirements, according to the Design Act of 2000:
  4. The unique and new design specifies that a design can’t have been utilized or distributed before the date of Request or design enlistment in any country
  5. The attributes that are typified in an article’s shapes, courses of action, examples, arrangement, or ornamentation structure the premise of the design
  6. Imaginative manifestations, property stamps, and brand names ought not to have Design registration in Chennai.
  7. The design should be particularly not the same as different designs that have previously been enlisted.
  8. No two designs, no matter how little they differ from one another, are eligible for Design registration in Chennai.

How to track the registration process?

After submitting an application for Design registration in Chennai, it typically takes anywhere from six to nine months to register a design with the Indian Patent Office (IPO).

The IPO gives the applicant, his agent, or anyone else who has filed a petition with them the ability to temporarily check the status of the petition at IP India Services.

To view the status of his design form, the applicant only needs to enter the Petition number into the appropriate box.

Conclusion

Legal protection against plagiarism is one of the most significant benefits of design registration in Chennai. By following this procedure, other businesses are prevented from selling, distributing, or copying their products with the same design.

Design registration form 1

 

 

Design fascinates and attract people to new things. Highly observed that the designing of any product provides a general idea of the associated technology or use. In developing countries, competition within the business world increases, and any picture, shape, or design grabs people’s attention. Therefore, it’s essential to have protection such intellectual property and keep your design safe from piracy. In this blog I have discussed design registration form 1.

The registration procedure of Design in India.

For the registration of a design, first, we essential to know the term “Design”.

According to Section 2(d), “Design” means the configuration, pattern, features of shape, ornament or lines composed or applied colors to any article, whether in two dimensional or three dimensional or in both forms, by any process or means, if they are manual, mechanical or chemical, separate or combined, that is within the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction which is in substance a mere mechanical device.

Further, the designing does not include

Trademark that has definition Clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or
Property mark as defined in section 479 of the Indian legal code (45 of 1860) or
The artistic work defined in Clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).

History and Origin:

To find out the present situation under the Design act, we should always know from where the term design came into existence and how it is changing from time to time. First, the designs were protected under the Patent and styles Protection Act, 1872. Then in 1911, for the higher protection of the Industrial Designs, the Patent and styles act was enacted. In 1970, the Patent Act was enacted to cater to the matters of patent specifically.

The system of the protection of industrial designs must be made more efficient to ensure adequate protection to registered designs by design registration in Chennai. Therefore, the bill was passed within the parliament called Designs Bill to promote design activity to promote the design element in an article of production.

Bill’s bill’s main aim is to make sure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for design activity while removing impediments to the unrestricted use of available designs. The Designs Act and Rules provide for filing of a Design Application in the offices i.e. Patent and Trademark Office Database Delhi, Mumbai, Chennai or Kolkata.

The essential requirement for design registration:

The Following are the requirements for design registration in Chennai.

Novelty and originality:

The foremost important thing is necessary at the time of registration by design registration in Chennai. That a design must be new with no prior publication or use or in any other way, before the filing date or said to be priority date of the design in India or any other country.

Original means in reference to a design, originating from the author of the designing and includes the cases, which though old in themselves yet are new in their application. The examiner can conduct a novelty search to look at whether it is new or not.

Public order and morality:

While registering under design registration in Hyderabad, a design must not breach the peace and harmony of the state. It doesn’t affect the morality of the nation can be applicable for the registration. Otherwise, an application for the registration of the designing is not registrable.

Prohibition of registration of certain designs:

A design which,

(A) isn’t new or original; or

(B) Has been disclosed to the general public anywhere in India or any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the appliance for registration; or

(C) isn’t different from known designs or combination of known designs; or

(D) Comprises scandalous or obscene matter shall not have registration.

Who can apply?

Any person who claims to be the proprietor of any new or original design have to apply for registration in design registration in Hyderabad. A proprietor could also be from India or from a Convention Country.

A proprietor may be:

a) An author of design,
b) A person who already has acquired the design,
c) A person for whom the author has developed the design, or
d) On whom the design has devolved.

Type of Applications that are filed:

The  system that is present now  consists two types of designs application for design registration in Trichy. They are Ordinary and Reciprocity applications. Consistent with section 5 and section 44, the appliance for the particular design has been mentioned.

Ordinary application means a person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, registering the designing under this Act is known as Ordinary application.

Reciprocity application means the appliance for design registration filed with the Indian Patent Office, claiming priority from already filed design application(s) filed during a convention country or group of countries or inter-governmental organizations is called priority application.

The priority design application must be filed by design registration in Bangalore within six months from the date of the earliest priority applicant, and therefore the said time limit is not extendable.
Procedure for the registration:

design regn form1

Form-1: Application for registration of design:

According to Sections 5 and 44, an application shall be filed in Form-1, together with the prescribed fees, stating the complete name, address, nationality, article’s name, class number and address for service in India. Foreign applicants also are necessary to give an address for service in Indiwhiwhi, which might be their Agent’s address in India.

Within the case of foreign applicants, it’s mandatory to give an address for service in India. Unless such an address is given, the Office shall not proceed with the appliance.
The class to which the article belongs shall be mentioned correctly in Form-1.

Under the Designs Rules, 2001, articles are classified based on the Locarno Classification. It’s going to be noted that for registering a design by design registration in Trichy in more than one class, a separate application must be filed for every class.

The application shall be signed either by the applicant or by his authorized agent/legal representative. Only a registered patent agent or a legal practitioner are often appointed as an authorized agent in India.

In case the applicant has already registered a design in any other class of articles, the very fact of such registration along with the registration number shall be mentioned in Form-1.
Locarno agreement is an agreement as per the designs are registered under the Act. It classifies goods to register them. This helps in Design searches by design registration in Trichy. It divides designs into different classes, which are mainly function-oriented.

Form 21: Power of authority to agents:

(1) All applications and communications to the Controller under the designing Act may be signed by, and every one attendances upon the Controller may be made by or through a legal practitioner or by or through an agent whose name and address has been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970 (39 of 1970).

(2) The Controller may, if he sees fit, require –

(a) agent to be resident in India;

(b) a person not residing in India either to employ an argent residing in India;

(c) the private signature or presence of any applicant or other person.

Representation Sheets:

Representations should be ready as prescribed under Rule 12 (Statement of novelty), 13 (Additional copies of representation or specimens) and 14 (Representation) of the Designs Rules and will be submitted in duplicate.

Form 24: Claiming the status of small company or start-up (if the small entity or start-up status is claimed)

(a) It should be accompanied with evidence of registration of design within the case of Indian entities.

(b) It should be accompanied with an affidavit deposed by the applicant or authorized signatory as Rule 42 of styles Rules in case of foreign entities.

Certified copy of priority document:

The proprietor is necessary to submit the first Priority document along with the authenticated English translated copy of the Priority document (if the original priority document is other than English) under Rule 15 of the Designs Rules.

Note: To be filed within the reciprocity application under Section 44.

Assignment Document:

Assignment in original (if the applicant of priority application during a convention country is different from Indian applicant).

Fees Structure:

The fee payable under the principles may either be paid in cash or through electronic means or may be sent by bank draft or cheque payable at par to the Controller of Designs and drawn on a scheduled Rule 5 bank located at the respective filing location.

Stamps and Indian Postal Orders have no acceptance.

Where the fee is payable in respect of a document, the whole fee shall accompany the document.

Fee once paid in respect of any proceedings shall not ordinarily have the refund regardless of whether the proceeding has taken place or not.

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