Design registration in Chennai

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:

It would be ideal for the configuration to be new and unique.
The shape, presentation, configuration, pattern, or ornament applied to an article should be the focus of the design.
An industrial process should be used to apply the design to any item.
The article should contain the design, which should be visible.
Trademarks and copyrights should not be included in the design.
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:

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

Registration process

Along with the applicant’s information (name, address, and nationality), the application for Design registration in Chennai should be submitted on Form 1.
The applicant’s legal status must be disclosed if they are not a natural person, such as a business.
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.
Each class of registration must have its application if the application mentions registering the design in more than one class.
Each representation of the mechanical processes, trademark number, and letters ought to be accompanied by a novelty specification or disclaimer.
Each representation must be witnessed and signed by the applicant for Design registration in Chennai or an authorized individual.
The patent office will examine the application following its submission, and any objections will be raised.
The patent office will issue a Copyright certificate to the design once all objections are resolved.
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.

Importance of design registration

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.
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.
To have Design registration in Chennai and protection, a design must meet the following requirements, according to the Design Act of 2000:
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
The attributes that are typified in an article’s shapes, courses of action, examples, arrangement, or ornamentation structure the premise of the design
Imaginative manifestations, property stamps, and brand names ought not to have Design registration in Chennai.
The design should be particularly not the same as different designs that have previously been enlisted.
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.

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