Industrial Design Registration in India
Registering the designs of industrial products is crucial and one of the major tasks in businesses. The purpose of the design is to make the purchaser happy with elegant and beautiful appearances or visuals. If the product designs are not registered, they can easily be used by other parties. Which leads to demotivation, frustration and hopelessness for the team working tirelessly on it. Businesses may also face a huge loss.
The good news is that Jitendra Consulting Group India (JCI) is here to help you register your unique designs easily by providing the best and fastest IP registration services in India.
What Exactly is an Industrial Design?
Industrial design basically refers to the final look of the products that are developed by undergoing industrial processes such as Injection Moulding, Casting, 3d Printing, Stamping, and Textile Weaving, etc.
Design refers to the shape of a product, its orientation, colour and ornamentation. It varies from brand to brand. For example,
Apple's iPhone and MacBook
hey have sleek bodies and rounded corners that make them different from other IT companies’ phones and laptops.
Dyson
Air Multiplayer has a bladeless fan design.
Vespa
Scooters have curved steel frames with a vintage feel.
Tesla
Cybertruck has a sharp and angular body made up of stainless steel.
Nespresso
Coffee machines have a compact and pod insert design.
Product designs help market the products.
Why Should You Register Your Design in India?
Design registration gives the legal rights to forbid others from copying the design. Businesses get exclusive rights to use the design. Design can be licensed, and it is easy to sell it. Design becomes valuable to the business. It supports legal claims in the case of design theft.
Who Can Apply for Design Registration in India?
A person, company, firm or business can apply for registration to the Design Wings at the Patent Office in Kolkata. Foreigners can apply through industrial design registration agents in India as well.
What Designs Can Be Registered?
If a business wants to protect the designs under Indian legislation, the design must be new and original. It must not have been used before. It should be unique. It should not be illegal or offensive.
What’s Not Covered?
Artistic or literary works like books, maps or buildings are not covered by design law.
Documents You Need to Get Started
To register an industrial design in India, the following documents are needed:
- An application form
- Drawing and photos of the design from different angles. For 2D and 3D designs, 2 and 3 photos must be provided, respectively.
- Statement of disclaimer that tells the uniqueness of the products from other designs.
- A power of attorney is required if the business is using an agent.
- For earlier registration, priority documents are also required.
- Receipt as proof that the payment has been made for the process.
Documents and requirements can vary for different cases. JCI can guide specifically on your requirements.
Step-by-Step Application Process
Our IP agents at JCI will stay by your side throughout the process. The application will be submitted at the head office of the Patent Office in Kolkata, Delhi, Mumbai, Chennai, or Ahmedabad. The application includes the name, complete address, and nationality of the applicant. Must mention the name of the article for which the design is created. Also, includes the class and subclass of the article, like for furniture, the class is ’06’ and the subclass is ’01’.
What Happens After Submission?
Once the application is accepted, the certificate is awarded to the applicant. The registered design has been protected for 10 years. After ten years, the applicant must apply for an extension by paying a renewal fee. The extension time is about 5 years.
Missed the Deadline? Here’s What You Can Do
If a business is unable to apply for an extension on time, there is a grace period of 12 months. If you still do not apply for renewal after the grace period, the registration will be invalid. But there is still a chance of restoring it by filling in Form 4 and submission of the required fees. JCI will guide you on how these processes are done.
Common Reasons for Rejection
Design registration could be rejected if the design is fake, already published in or out of India, or does not qualify as a design under the law. It is better to consult with an IP agent in India to make sure that your application rejection chances are lower.
Choose the Best IP Protection Services in India
Jitendra Consulting Group India (JCI) is one of the best IP registration agents in India. Our expert professionals provide exhaustive IP registration services along with litigation and enforcement services. We make slower and tedious procedures fast and seamless for our clients