Forgery protection for newly designed items made through industrial processes is offered by a design registration, which is a type of intellectual property protection. An ornament or line can be registered under the Design Act of 2000 regardless of its shape, arrangement, pattern, color, or combination. Your uniquely created design is legally stamped when it is registered.
For a design to be registered, it must meet the following requirements:
- Originality is essential
- There must be a relationship between the shape, configuration, pattern, or ornament’s characteristics
- Articles must be subjected to it
- There must be a mention of it in the article
- A clear understanding of the industrial process and the design is required.
In the following guide, we explain the importance of Trademark Registration in Nashik.
Registration of designs requires the following documents
It is important to know what documents are required for registration. To register a design, you must provide the following documentation:
- Authenticated copies of the disclaimer’s excerpts or verified copies of the original document
- Documents of affidavit
- Statement of intent
- It may be possible to obtain additional public records by paying a fee.
- In the affidavit, an integrity statement and a truth statement should be included. Expenses associated with design registration can be adjusted on the fourth schedule.
Applicants must be Indian citizens. An applicant could be the designer, owner, recipient of the author’s development of the invention, or recipient of the transfer of the design. Mumbai, Delhi, Kolkata, and Chennai are the four Patent Offices in the country where you can apply. In Kolkata, these applications are processed and prosecuted by the Patent Office. An industrial design application must be filed in Form 1, duly signed by the applicant or his legal representative, and include all required fees and information. Patent agents and licensed attorneys are the only ones who can designate authorized agents in India. A previous registration in another class should also be included in the application. In order to avoid unnecessary delays, the applicant can submit the application directly or through a patent agent/legal professional by attaching a power of attorney and two copies of the design representation.
It is imperative that the representation sheet accurately depicts the article for which registration is requested, including all relevant details. Form-18 and the required filing fee must accompany reciprocity applications for designs filed in Convention Countries.
Article designs should be included in the registration application in the appropriate class. The article description may be included in one or more of the utilities in the article’s design.
It is important to include accurate addresses in the application. Any change in address must be accompanied by a new Form 1 application, including fees before a design can be registered. The address of a registered design must be changed by submitting a Form-22 application and the required fee.
Once the application is received by the appropriate office, its date and serial number are assigned. Serial numbers become registered when registration is approved. The representation sheet included in the application must also comply with the established guidelines in order to be accepted.
When the Patent Office receives the documents and any attachments, they are uploaded to the server and become part of the official record. In return for ten years of exclusive use of the design, the creator may extend the license for another five years. Under the Design Act, the registered designer may sue for infringement if a violation occurs.
Design registration cancellation
You may revoke your design registration under the following circumstances, according to Section 10 of the Design Act of 2000:
- An existing design is not unique if it is similar to another design
- India has previously registered the design
- There had been a previous publication of the design in another country before the registration date
- The design does not comply with the Design Act’s requirements.
Importance of Design Registration
Design owners can license their designs to third parties if they register their designs with a particular patent authority. Within the boundaries of their patent jurisdiction, they can benefit from the substantial royalties paid by licensees.
With a patent authority’s approval, a design becomes more commercially valuable and its marketability increases. The reason is that a proprietary design improves the standing of a product among potential customers.
In the event that someone copies a design that has been formally registered, the owner has the right to bring legal action against them.
By maintaining exclusivity over their product or design, the design owner can maintain their market share.
A design registration provides legal protection against infringement, one of its most important benefits. By using this procedure, other companies cannot resell, distribute, or produce goods identical to the originals. Trademark Registration in Nashik can be done online
Generally, when several designers register their designs, it increases competition among market participants. Research and development (R&D) initiatives are motivated, which, in turn, leads to additional innovation and mutually beneficial outcomes for businesses and consumers.
The importance of design registration can be difficult to understand and learn. GB Legal Associates Trademark services can assist you with all the legal information you need for Online Trademark Registration in Nashik. In this country, design registration is of crucial importance, and our legal experts are well-versed in this subject. Get in touch with us today to learn more.