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.

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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.

F.A.Q.

Supporting Subheading
A design, in layman’s language, can be understood to be any piece of art or pattern on a product or object that enhances its aesthetics. For instance, jewelry is a product, but the different patterns and styles in which jewelry can be molded are called designs.
No, it is not mandatory to register a design. However, it is advisable to make sure that it’s protected from duplication or misuse.
It is pretty quick and easy to register a design. You need to check that any existing form of such design is not already registered, make an application for the design registration, and once the registrar is satisfied after a scrutiny of the design, you get the approval and the final design rights.
A person has design rights for 10 years from the date of registration of the design.
Yes, a design registration can be renewed, however, the validity period of the renewal is only 5 years.