DESIGN PORTFOILIO
PROTECT YOUR DESIGN WITH LEGAL REGISTRATION
Design registration ensures exclusive rights, preventing replication and fostering innovation in the market.
Design law under the Designs Act, 2000 protects the originality and aesthetics of industrial and artisanal products. It covers shapes, patterns, colors, and compositions applied to products. Registration ensures that creators are rewarded for their work and prevents competitors from copying designs. However, mechanical devices, trademarks, and artistic works under copyright law are not covered. Design registration offers exclusive commercial rights, protecting the visual appeal of products. At Khurana & Khurana, we specialize in design registration and management, ensuring our clients’ designs are legally protected. Our services help create robust strategies for enforcing design rights. This fosters innovation and boosts market value.
ESSENTIAL REQUIREMENTS FOR DESIGN REGISTRATION
1
Originality
Design must be new and not previously published or used.
2
Design Features
Must relate to shape, pattern, ornament, or composition applied to an article.
3
Industrial Application
Design should be applied through industrial processes (manual, mechanical, or chemical).
4
Aesthetic Appeal
The design must be judged solely by its visual appearance.
5
No Mechanical Devices
Excludes mere mechanical devices or construction principles.
6
Exclusion of Trademarks
Cannot include trademarks, property marks, or copyrighted artistic works.
7
Work Public Morality
Design should not be prejudicial to public order or morality.
8
National Security
The design must not compromise the security of India.
TYPE OF APPLICATIONS
Ordinary Application
An ordinary application does not claim priority and is directly in the country where protection is sought.
Reciprocity Application
Claims priority from a previous filing in a convention country, must be filed in India within six months (non-extendable).
FILING REQUIREMENTS FOR
DESIGN REGISTRATION
1
Application Form
File in Form 1 with prescribed fees, applicant details, and address for service in India.
2
Article Name
Specify the name of the article to which the design is applied.
3
Class & Sub-Class
Mention the class and sub-class based on the Locarno Classification.
4
Design Representations
Provide exact representations (drawings, photos, or specimens) including color combinations if relevant.
5
Multiple Classes
Separate applications required for each class if design applies to more than one.
6
Statement of Novelty
Include a statement of novelty and disclaimers (if any), signed and dated.
7
Power of Attorney
Required if the application is filed through a patent agent.
8
Priority Document
Submit priority document for reciprocity applications.