Design Registration is used to obtain protection for the features of shape, configuration, pattern or ornaments. The design may consist of three-dimensional features, such as the shape or configuration of an article, or of two-dimensional features, such as patterns or ornaments. The words “pattern” and “ornament” refer to something that is embossed, engraved or placed upon an article for the purpose of decoration.
Upon grant, design registration confers rights for a period of 15 years from the date of application. The registration is valid for an initial term of 10 years and can be renewed for another 5 years.
Note: Design registration does not protect any technical features of the article to which it is applied.
The purpose of Design registration is to extent the protection to physical appearance of article/protect beyond its usage because appearance of articles plays an important role as it is first thing that consumers notice when they see the product so it becomes important to create first impression. Further the main aim of design Registration is to ensure that the artisan, creator, originator of a design having aesthetic look is not deprived of his reward by others applying it to their goods.
- Right to exclude others from using similar design having identical resemblance.
- Legal right to sue infringers in order to stop piracy of the design.
- Monopoly right over design for 10 years which can further to period of 5 years
- Give unique identity to your article
There certain essentials that qualifies the design for registration. As per the provisions of of the Design Act, 2000, design is registrable only of it is:
- New
- Original
- Unique
- Should not be disclosed to public in any form
- Capable of distinguishing from known design or combination of Design
- Not to be contrary to public order or morality
- Not comprise of any scandalous or obscene matter
A trademark is mark which capable of –
Being represented graphically
Distinguishing the goods or services of one person from those of others.
10 years this can be renewed periodically.
Infringement, very broadly means taking unfair advantage or being detrimental to the distinctive character or reputation of a trade mark.
The Symbol ™ denotes that the application for registration for trademark is file with Trademark Office.
Go to e-register page of trademark office link then click on Trademark application/registered mark. This option will be displayed on left side of your screen.