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SAHU & ASSOCIATES:Design registration can be used to protect original shapes, patterns, ornaments, and composition of colours and lines applied to any article by an industrial process. Makemyregistration offers an easy process for obtaining design registration.
Design rights are intellectual property rights that protect the visual design of objects; i.e. the visual perception of an object by a viewer. Design plays an important role in everyday life: influencing the shape or decoration of man-made products such as household utensils and ornaments, furniture, fabrics, the clothes we wear, the cars we drive; in each case, making them easier or more attractive to use. For a design to be protectable it must have particular characteristics:
- It must display features of shape, configuration, pattern or ornamentation which are applied to an article which has "eye-appeal" (aesthetic appeal);
- The appearance of the article must be such that it matters to consumers as a quality distinct from its function. Design protection does not extend to features which are prompted purely by function (i.e. solely dictated by the function which the article has to perform), such as the seat of a chair (although the particular shape of the seat may be protectable).
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
Important Aspects of Design Registration
It's important that a professional file for the registration of a design to ensure that the design is properly protected. An experienced professional can help significantly improve chances of successful design registration by filing a professional application, addressing all the aspects of Designs Act.
Filing a design registration application does not guarantee registration of the design. Design registration is a process and registration is provided only by the Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts for filing of design registration application based on experience and expertise.
Post filing of a design registration application, it is important to periodically check the status of the application until its processing on the Government side. Design registration application process sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.
List of all registered designs are maintained and published by the Patent Office to put competitors on notice about registration of a design and prevent counterfeiting. In case of infringement or piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.
10 Year Protection
Designs registered under the Designs Act are protected for a period of ten years, renewable by another 5 years. However, design registration mainly applies only to designs applied by an industrial process on any article. Hence, items that are covered under the Trademark Act or Copyright Act cannot be registered as a design.