Design registration
Design registration under the Designs Act, 2000 protects the features of shape, configuration, pattern, or ornament applied to an article, judged solely by the eye. Company Suggestion files the application with representations of that design. The right lasts 10 years from registration and can be extended by 5 years.
What is a registrable design?
Section 2(d) limits a design to features of shape, configuration, pattern, ornament, or composition of lines or colours applied to an article by an industrial process. The finished article must appeal to the eye. The design can be two-dimensional, three-dimensional, or both.
It is the look of a particular article, such as the shape of a bottle or the pattern on a fabric. A word or a logo used to identify who sells the goods is a trademark. An original drawing that is not applied to an article as an industrial design may be an artistic work under copyright.
What cannot be registered?
Section 4 and the definition itself keep these out.
- A design that is not new or original.
- A design disclosed to the public, in India or elsewhere, before the filing date or the priority date.
- A design that is not significantly distinguishable from a known design.
- A mode or principle of construction, or anything that is in substance a mere mechanical device.
- A trademark, and matter that is scandalous or obscene.
Which papers does the application need?
The office registers what the drawings show. A written slogan is not a representation.
- Representations of the design: the views that show the novel features
- The article to which the design is applied, and its class
- A statement of novelty, naming the features that are new
- The applicant’s name and address
- A priority document, if an earlier application outside India is claimed
What are the filing steps?
Company Suggestion files the design in four steps.
- The article and the novel features are identified, and a known design is ruled out.
- The representations and the statement of novelty are filed.
- Any objection from the office is answered within the time the report states.
- On registration, the ten years run from that date. The five-year extension is filed before those ten years end.
Frequently asked questions
4 questions cover the rules that decide this registration.
How long does a registered design last?
Ten years from the date of registration, under section 11. The proprietor can extend it for a further five years. The total is fifteen years.
Is a logo registered as a design?
A logo used as a brand is a trademark. A design is the look of an article, judged solely by the eye. The same drawing is not filed in both offices for the same purpose.
Must the design be new?
Yes. Section 4 refuses a design that is not new or original, that was disclosed to the public in India or elsewhere before the filing date, or that is not significantly distinguishable from a known design.
Does a design protect how a machine works?
No. The Act excludes a mode of construction and anything that is in substance a mere mechanical device. How a machine works is a question for a patent, if it is an invention.