Design Registration

Design registration can be used to protect original shapes, patterns, ornaments and composition of any articles. Access Filings offers Design Registration from 7,899/-

Rs.7899/-
Design Registration
  • From Rs.7899/- all inclusive fees EMI: Rs.659/- for 12 months*

Plans

  • From Rs.7899/- all inclusive fees EMI: Rs.659/- for 12 months*

Silver

Rs.

7899/-

All inclusive fees

Design registration for one article, wherein the applicant is a proprietor or individual. Inclusive of government fee and GST..

  • From Rs.9899/- all inclusive fees EMI: Rs.659/- for 12 months*

Gold

Rs.

9899/-

All inclusive fees

Design registration for one article, wherein the applicant is a legal entity having MSME or Startup registration. Inclusive of government fee and GST..

  • From Rs.12899/- all inclusive fees EMI: Rs.659/- for 12 months*

Platinum

Rs.

12899/-

All inclusive fees

Design registration for one article. Inclusive of government fee and GST..

1

CERTIFIED COPY OF THE ORIGINAL OR CERTIFIED COPY OF EXTRACT FROM DISCLAIMER

2

AFFIDAVITS

3

DECLARATION

What is meant by ‘Design’ under the Designs Act, 2000?

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

What is meant by an article under the Designs Act, 2000?

Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.

What is the object of registration of Designs?

Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design

No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.

When does the Applicant for Registration of Design get the registration certificate?

When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.

What is a Register of Designs?

The Register of Designs is a document maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

What is the effect of registration of design?

The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.

What is the duration of the registration of a design? Can it be extended?

The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.

Is it possible to re-register a design in respect of which Copyright has expired?

No. A registered design, the copyright of which has expired cannot be re-registered

What is piracy of a Design?

Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design.

Can the Registration of a Design be cancelled?

The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with prescribed fee to the Controller of Designs on the following grounds:

  • That the design has been previously registered in India or
  • That it has been published in India or elsewhere prior to date of registration or
  • The design is not new or original or
  • Design is not registrable or
  • It is not a design under Clause (d) of Section 2.

Why is it important for filing the application for registration of design at the earliest possible?

First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.
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Proprietorship is for the Proprietor to do Business. Access Filings offer Proprietorship Registration from Rs.2799/-.

REGISTRATION

REGISTRATION

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TRADEMARK REGISTRATION

Trade Mark Registration helps establish ownership and protect brand of an entity. Access Filings offer Trade Mark Registration from Rs.10620.

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ISO REGISTRATION

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COMPLIANCE

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