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Design Registration or Design Patent Registration in India
Design Patent Registration an Overview
A market loaded with similar products, its toufe to stand distinguished. A unique designs will stand out from
the crowd and gets easily noticed. COMPANY360 team guides you through the process of protecting your design rights
by assisting you in determining what can — and what can’t — be protected, either through registered or unregistered
rights.Where registration is appropriate we take care of the actual filing process, making sure it is done correctly,
efficiently and swiftly, so that you become a proud owner of your unique identifier and now even capable to assert
your design rights whenever and wherever need arise.
Advantages of Design registration
Designs should not be seen as an alternative to patents but as a complementary protection.
Design registration is cheaper to obtain than patent protection and the application procedure is far shorter.
If the expected life-time of a product is short, and the product will be simple to produce, the design registration
may be more useful than patents.
Action can be taken against an infringer and, unlike with copyright, actual copying of the protected design is not
required to be proved.
A very hassle free experience, working with Company 360. I got a section 8 company
registration done through them, and found them professional, responsive, and the owner Ms.
Anu gives genuine advice. Highly Recommended!
Rishabh Awasti
I got my private limited company registration and trademark registration done from
Company360. They are just amazing when it comes to service very responsive and always
available to resolve my queries. I would definitely recommend them for legal registrations.
Keep up the good work!
Arpit Gupta
They helped me getting my company registered "Chefkart Hospitality Pvt. Ltd."
Overall i found company360 to be extremely helpful and professional. They explained me the
process clearly and advised me to open a pvt ltd. after understanding the nature of our work.
The way everything was handled was completely flawless and everything was done in a week's time.
This company is ideal for people who are starting up. Will definitely recommend them to
everyone.
Rahul Singh
It was an absolute pleasure to work with Company360. The trademark application objection
replied in perfect manner. Do try the professional services for all of your trademark
related worries.
Design can be a combination of shapes, pattern, ornament, configuration, combination of lines or colours, which should be in either 2d or 3d form, which should be applied to an article and it should be created by means of any industrial process i.e. it could be done manually, mechanically, chemically or by any combination process thereof.
The procedure with respect to the registration of design begins as usual with an application to the patent office. Such application need to filed with prescribed form and format, and the prescribed fee also needs to be paid while applying for the design. Finally, have to submit copies of the design which you want to get registered.
The design which is obvious, already available in public domain, known to the public, not new or original can’t get to be registered and also when fails to comply with the other criteria and procedure.
No, the process of design registration is somewhat different from patent registration, where the request for examination is mandatory. Here the process begins automatically once the application is filed and the fees is paid.
Design should be in the nature of visible thorough eyes. And it shouldn’t be a trademark or a copyright already in order to register the design.
Controller has every right to ask for clarification and alterations, once he demanded one is suppose to do such alterations within the prescribed time.
The time limit for the reply to the report should be made within six month from the date of report.
It should be raised within six months from the date of publication in the journal and within twelve months from the date of registration.
In case of objections raised need to reply for the issue or the problem in question. If the controller is not satisfied he may solve the issue when both the parties are present and would then release order based upon his satisfaction.
Yes, the aggrieved party has every right to go for appeal to the intellectual property appellate board. That’s why Design registration should be handled by someone who has knowledge of Law and expertise in registration of Design.
The term of protection will be ten years.
Yes, it can be done but up to five years.
The ultimate benefits out of registering the design is for the monopoly over such design thorough which one can get competitive advantage over the competitors in the market and safeguard their rights. And also it will be a unique for your business which ultimately gains the reputation and also an identity to your business. Also gives the right to exploit such design commercially and also to enjoy such designs peacefully without any endurance in case any disturbance arises one has every right to sue for the infringement and can get compensation for the losses occurred.
Once the application filed the process of examination will be taken by the controller and the report will be given. Then based upon the report you may ask for any clarification or alteration once done with it, the design will be published in journals and need to wait for objections. If there is no objections made within the prescribed time the design will be registered and the certificate of registration will be provided.
The extension of protection can be made by paying of prescribed fee and the important thing is that it should be made within the period of initial registration.
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