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Design Registration

Design can be referred to the features of a shape, pattern and configuration etc present in an article. It can be two dimensional or three dimensional. A design cannot be termed as a work of art and no trademark is issued against it. Design registration in India is done under The Design Act 2000 and The Design Rules, 2001. Before registering a design there are certain prerequisites that should be fulfilled. Only new and original designs can be registered. Moreover a design meant for registration should not have been published or used in any form before registration. The design should not have any similarity with existing or already registered designs. The matter depicted or included in the design should not be scandalous or obscene. It should not be a mechanical device rather it should be included in an article and the same should look appealing. The design should not obstruct the principles under public decorum.

The registration is open to all who happen to be the rightful owner of the design provided the same is new or original, have not been previously published anywhere or in any form and conforms to public order. The owner can also authorize an agent to apply for registration on his or her behalf.

Design Registration Process in India

If the owner of the design has appointed an agent to apply for registration then a general power of attorney must be given to the agent. The design must be represented in four copies of A4 size paper and the same should be exactly similar with the original. If the owner had previously applied for registration then he or she should furnish a documentary proof of priority. In that case the owner shall also have to submit a list of countries where he had applied for registration. The date and application number should be clearly mentioned in the list.

Other than that the applicant also has to furnish information like name/address/locality, name and class of the article, a brief description of the design etc.