Design & logo registration in india
Protect Your Innovative Designs
Get design rights on any ornamental design that you have created with your imagination, skills, and talents. 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
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.
Types of Designs
The Designs Act recognizes two types of designs: aesthetic designs and functional designs. Aesthetic designs pertain to the appearance of an article, while functional designs are related to the shape or configuration of an article that serves a practical purpose.
Application Process
The application for design registration is submitted to the Design Office of the Controller General of Patents, Designs, and Trademarks. It includes a statement of novelty, representations of the design, and the appropriate fee.
Examination
After the application is submitted, it goes through an examination process to determine its eligibility for registration. The examination focuses on novelty and originality. If the design is found lacking in these aspects, the application may be rejected.
Publication
If the design application is accepted, it is published in the official Design Journal after six months from the date of application. During this period, interested parties can file objections to the registration.
Objections and Oppositions
Any person can file an objection or opposition to the design registration within four months from the date of publication. This can be done based on prior designs or other valid grounds.
Registration and Protection
If there are no objections or if objections are successfully addressed, the design is registered. The registration provides the owner with exclusive rights to use the design and take legal action against infringement.
Term of Protection
The initial term of protection for a registered design is ten years from the date of registration. This can be further extended for another five years (total of 15 years) by filing a request for renewal.
Enforcement
Once registered, the owner of the design has the right to take legal action against anyone who copies or imitates the registered design without permission. Remedies include injunctions, damages, and orders for the infringing party to cease using the design.
International Protection
India is a member of the Hague Agreement, which provides a streamlined process for registering designs in multiple member countries. Indian designers can seek design protection in other member countries, and foreign designers can seek protection in India using this agreement.
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.
Purpose of 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.
Why Businesses need Logo Registration in In India
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
Essential Documents Required for Design Registration in India
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.
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.
Advantages of Design & Logo Registration in India
- 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.
Eligibilty Criteria of Design Registration in India
- 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.
