Our Service
Design & logo
registration in india
Design registration in India is a legal process
that provides protection to the unique visual appearance
of a product or article. In India
Our Service
Design & logo registration in india
Design registration in India is a legal process that provides protection to the unique visual appearance of a product or article. In India
Logo & Design
registration in india
- Design registration in India is a legal process that provides protection to the unique visual appearance of a product or article. In India, design registration online in India is governed by the Designs Act, 2000, and the Designs Rules, 2001. It is a valuable intellectual property right that safeguards the aesthetic and ornamental aspects of a product, preventing unauthorized use by others.
Key Aspects of Design Registration in India
- Design registration offers creators and businesses a strong tool to protect their unique visual creations, thereby promoting innovation and preventing unauthorized copying. It's important to consult with legal professionals experienced in intellectual property matters to ensure a smooth and effective design registration process in India.
01
Eligibility
To be eligible for design registration, the design must be novel, non-obvious, and have an original aesthetic appeal. It should not have been published or used before applying for registration.
02
Types of Designs
The Designs Act recognizes two types: aesthetic designs pertaining to the appearance of an article, and functional designs related to the shape or configuration that serves a practical purpose.
03
Application Process
The application is submitted to the Design Office of the Controller General of Patents, Designs, and Trademarks — including a statement of novelty, representations of the design, and the appropriate fee.
04
Examination
After submission, the application undergoes examination to determine eligibility. The process focuses on novelty and originality. Applications lacking in these aspects may be rejected by the examining authority.
05
Publication
If accepted, the application is published in the official Design Journal six months from the date of application. During this period, interested parties can file objections to the registration.
06
Objections & Oppositions
Any person can file an objection or opposition to the design registration within four months from the date of publication, based on prior designs or other valid grounds.
07
Registration & Protection
If no objections arise or objections are resolved, the design is registered. The owner receives exclusive rights to use the design and take legal action against infringement.
08
Term of Protection
The initial term of protection for a registered design is ten years from the date of registration. This can be extended for another five years — totalling 15 years — by filing a renewal request.
09
Enforcement
Once registered, the owner has the right to take legal action against anyone who copies or imitates the registered design without permission. Remedies include injunctions, damages, and cease orders.
10
International Protection
India is a member of the Hague Agreement, providing a streamlined process for registering designs across member countries. Indian designers can seek protection abroad, and foreign designers can seek protection in India.
Design Registration in India
The purpose of design registration in India is to protect the aesthetic features of an article from being copied. A registered design gives the owner the exclusive right to use the design for a period of 10 years, which can be further extended for 5 years. This means that no one else can use the design without the owner's permission.
If you are considering registering a design in India, you should consult with an intellectual property consultant to get advice on the process.
Logo registration is the process of legally protecting your business's logo. It gives you the exclusive right to use the logo in India and prevents others from copying it. There are several reasons why businesses need to register their logos, including:
- To protect their brand identity
- To prevent infringement
- To enforce your rights
- To boost brand awareness
- Design specification
- Power of attorney (if applicable)
- Priority document (if applicable)
- Proof of applicant's identity
- Design registration fee
The design specification should be a detailed description of the design, including its features, dimensions, and materials. The power of attorney is required if the applicant is represented by an agent.
-
- Legal protection against plagiarism
- Increased commercial value
- Enhanced brand reputation
- Ease of enforcement
- International protection
Design and logo registration in India fosters creativity, business growth, and legal security. The cost of registering a logo in India ranges from ₹4,500 to ₹9,000. The exact amount will depend on the type of logo and the number of classes in which you want to register it.
- The design must be new or original and not previously disclosed to the public anywhere in the world.
- The design must be applicable to an article and should appeal to and be judged solely by the eye.
- The design must not be contrary to public order or morality.
- The design must not be a mere mechanical contrivance.
- The design must not comprise or contain scandalous or obscene matter.
The design registration application must be filed with the Indian Patent Office (IPO) and the registration is valid for a period of 10 years, which can be renewed for further periods of 10 years each.
Features of Design Registration
Design registration offers legal protection to the visual appearance of a product.
- Visual Appearance: Protects the unique aesthetics, shape, ornamentation, and arrangement of a product.
- Exclusive Rights: Grants the owner exclusive use, reproduction, and distribution rights.
- Duration: Protection typically lasts for a specified period, often several years.
- Originality: Design must be novel and not in the public domain before registration.
- Registration Process: Requires formal application, including drawings or representations of the design.
- Territorial Protection: Rights are usually valid within the designated jurisdiction.
- Enforcement: Allows legal action against infringement.
- Commercial Value: Enhances marketability and asset value.