A design registration gives us a way to protect the shape, features, patterns, or ornaments. Usually, the intellectual property is preserved under design registration. The registered design can incorporate three-dimensional features, such as the shape or configuration of an article, or two-dimensional features which involve patterns or ornaments. Words "pattern" and "ornament" remarks about those things which are designed, engraved, or placed upon an item for glorifying it.
Items like shape, configuration, pattern or ornament or composition of lines or color or combination used in an article can be registered under the Design Act, 2000.
A design has to meet the following conditions in order to get registered:
Design registration provides an exclusive right to the owner or creator of the design. The registered design can be authorized and utilized by the creator for a time period of ten years. Further, there is also a possibility to extend this time period for five more years. In any case of infringement, the owner has a complete right to legal action under the Design Act.
You have to keep the affidavit in paragraph form and it must consist of a declaration of truth and verifiability. As per the Fourth Schedule, the controller governs the cost associated with the design registration process.
You must file professionally for the Design Registration as it is the most suitable way to guarantee that the design is guarded correctly.
Design Registration is a slightly slow process that is only performed by the Registrar. Registrar will go through the details and premises of each case. Therefore, taking the help of a professional will make it easier for you to file for a design registration application.
Once you are done with the design registration application, keep checking the status of the application. The design registration application generally goes through different time-bound responses from the applicant.
The Patent Office forms a list of all the designs which are being registered. The idea behind the list is to prevent counterfeiting and let competitors know about the registered designs.
Under the Design Act, your registered design will legally be protected for a period of ten years and can be renewed for another five years if required.