Recognizing the Importance of the Application for Design Registration in India
In the context of a competitive market, it is just as critical to protect your product's unique appearance as it is to protect its utility! This is when the Application for Design Registration is key. if your product has a visual shape, pattern, configuration, or ornamentation applied by an industrial process then you can register for Design Registration in India under the Designs Act, 2000.
What Is Design Registration?
Design Registration is the legal protection of the visual characteristics of a product, and ensures exclusive rights for the creator of the design. This means that no one can copy or imitate the design if it is registered. Once a business or individual files an Application for Registration of Design, the business or individual has legal ownership to the design for a period of ten (1 years, and may extend the ownership for an additional five (5) years.
Why Is Design Registration Important?
• Brand Identity Protection: Having a design that is distinctively different from the competition allows your product to stand alone in the market. Registration assures that no one else can legally use the same or confusingly similar design.
• Business Value: Registered designs can also be licensed or sold - thus providing additional income opportunities for your business.
• Legal Rights: A registered design allows you to take action if someone infringes your design and thus allows you to protect your share in the market.
How to File an Application for Design Registration?
1. Representation of Design: The representation includes descriptive drawings or photographs showing all views and different angles of the design.
2. Identification of appropriate Class: Designs have to be classified under the Locarno Classification arrangement system; each class also has sub classes.
3. Form-1: Fill Form-1 out and submit it along with the fee to the Controller of Designs at the Indian Patent Office.
4. Submission/Examination: The application will be examined after submission to ensure its original and adheres to guidelines.
5. Registration/Publication: If the application is approved, the design will be registered, and published in the journal.
An Application for Design Registration can be submitted by an individual, a registered corporation, or a duly authorized legal representative. As imitation of designs becomes more prevalent, as a drawback to timely registration innovative rights are strongly supported by legislation.
Conclusion
For any company looking to protect the unique visual character of its product, an Application for Registration of Design is a legal perquisite. This acts to protect intellectual property while also acting as a competitive advantage differentiating your brand in the market. If you are looking to file for Design Registration in India, speak with a legal professional who can help to ensure that your application is properly prepared and meets the statutory guidelines.
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