What is Design Registration in Darjiling?
Design Registration in Darjiling, The process of granted to a designer for a specific shape or design of a product which is considered to be unique. We can also obtain design registrations for configurations, ornaments, compositions of patterns or lines, combinations of colours, industrial processes, etc. It was regulated under the Design Act 2000. The main purpose of design registration is to protect an original or novel design from being copied.
In everyday life, people use many common necessities such as bottles, pens, mobile cases, cups, etc. But tell me, do they use these all products in the same design or colour? No, right every brand or company has its own shape and colour. For example, the “bitten apple” is the unique and registered design of Apple Computer, Inc. It will never be used by any other company and that is the power of design registration. I hope you have a general idea and get interested in design registration, so let’s get into the article.
Advantages of Design Registration in Darjiling
- Unique identity
- Prevent imitating by competitors
- Prosecute replicator
- Elongate credibility
- High returns
What cannot be registered as a design?
According to the Design Act 2000 cloth designs, structures of buildings, architectural structures, flags, symbols, outlines of the design, well-known designs, government or national emblems, greeting cards, maps, stamps, integrated circuits, and extra cannot be registered as designs.
Why is design registration essential in Darjiling?
Design plays an important role in the modern world. Nowadays, everyone wants to be unique and collects unique products in their everyday life. From brushes to slippers, everyone expects unique designs and enormous companies try to satisfy them by introducing many designs in their products. But think about what would happen if competitors replicate the product and sell it. The reputed company which introduces the products may meet loss.
This is why design registration has become extremely important. Mostly, the companies introduce different designs to enhance their company growth. For example, Indulekha is a company that introduced a unique bottle shape, and that design promotes that company. At this time, registering their design helps them to protect their design from third parties.
Classifications of Design:
Design registration has many classes and subclasses. A few of these will be seen below.
|Class 2||Articles of clothing and haberdashery|
|Class 3||Travel products, cases, parasols, and personal belongings, not elsewhere specified|
|Class 5||Textile piece goods, artificial and natural sheet material|
|Class 7||Household goods, not elsewhere specified|
|Class 8||Tools and Hardware|
|Class 9||Packages and containers for the transport or handling of goods|
|Class 10||Clocks and watches and other measuring instruments, checking and signaling instruments|
|Class 11||Articles of adornment|
|Class 12||Means of transport or hoisting|
|Class 13||Equipment for production, distribution, or transformation of electricity|
|Class 14||Recording, communication, or information retrieval equipment|
|Class 15||Machines, not elsewhere specified|
|Class 16||Photographic, cinematographic, and optical apparatus|
|Class 17||Musical instruments|
|Class 18||Printing and office machinery|
|Class 19||Stationary and office equipment, artists, and teaching materials|
|Class 20||Sales and advertising equipment|
Types of design application in Darjiling:
- Ordinary application: It is an application which is filed directly in the Indian patent office without claiming any priority.
- Reciprocal Application: This application is for an applicant who already has a design certificate from a Convention country. Under the provisions of Sections 5, 44 and 12, the applicant shall apply for registration of a design in India from the date of filling in the Convention county.
Required documents to register a Design in Darjiling
- Form 1 as per Schedule II of the Design Rules.
- Representation must be drafted as per rules 12, 13 and 14
- Form-21 (power of attorney)
- From 24 with MSME Certificate
- ID and address proof of applicant
- 360-degree photo of the product
- Declaration letter
Design registration process in Darjiling
Searching is an essential first step in registering a novel design because no similar or identical design can be approved. One can easily search for designs through the official IP portal.
Filing of application:
To submit your application, you will need to fill in Form 1, Form 21 and Form 24 with the correct details. After checking the details, submit them to the IPR portal together with the required documents.
After submitting the documents, the respective examiner will review your design. If the examiner is satisfied with your design you will be approved, otherwise, if the examiner raises an objection you will need to respond to it.
If the examiner approves it directly or accepts the reply and gives approval, your design will be published in a journal. After publication, if the public does not oppose or object to your design, it will get registration.
Upon successful completion of all procedures, the controller will send the certificate by post to the registered address in the form as per section 9.
Validity of Design:
As per the rule, the design is valid for ten years but can be extended for five years by submitting an application and fee.