Design is an essential aspect of the product that not only adds value but also helps companies reap great success. Design that has a commercial value sooner or later becomes the object of infringement. And if it doesn’t possess legal protection, no one can stop infringers from copying it. This is where Design Registration comes into play. Read on to explore the legalities around design registration in Coimbatore alongside some crucial facts.
Is Design Registration Interrelated With A Trademark Or Copyright?
The Design Act 2000 came into effect on May 11, 2001. The Designs Rules 2001 deals with the design registration aspects. As per the Act, the design registration provides comprehensive legal fencing to shape, ornamentation, pattern, or colours of a given article. Unlike Trademark and Copyright protection, Design registration only encompasses the visual aspects of the design instead of the scope or features. It has nothing to do with the mode of construction or any artistic work covered under the Trademark or Copyright.
Underlining the Significance of Design Registration
- Some products and articles foster a design that serves as a primary identifier in the given market. A distinctive or unique design of products makes them recognizable among customers. An appealing design factor is enough to drive customers toward the product.
- In the legal sphere, the term “design” refers to the elements of the shape, configuration, pattern, and composition of colours or lines applied in 3-D or 2-D or both forms via processes (be it chemical, manual, mechanical, separate, or combined) which makes the finished product visually appealing.
- Industrial design refers to the article’s distinctiveness, making it alluring, appealing, and stand out, paving a foundation for commercial success. There are plenty of facts endorsing the idea of design protection under the Design Act 2000[1].
- First, the industrial design ensures a level playing field by advocating originality, creativity, and novelty. The design of a given product amplifies its market reach and commercial success.
- The design registration grants exclusive rights to the owner and, over time, turn the design into a primary identifier for the brand. It can make the design popularize among the customers. A registered design can even attract money in terms of royalty. Businesses can use royalties to cope with financial crises.
- Since design registration imparts comprehensive legal protection, it empowers the owner to sue the infringer whenever the design is allegedly copied. Design registration protects the commercial value of the product and helps it grow without any infringement issues.
- The applicant seeking a design registration in Coimbatore must file the application with the Controller General of Patents, Designs, and Trademarks. This application will undergo a thorough vetting process performed by the designed officials. If the application turns out to be compliant with the Design Act, the authority will grant the registration.
Eligibility Criteria Concerning the Design Registration in Coimbatore
The Design Act of 2000 has penned down the following criteria that need to be met by applicants requiring a design registration in Coimbatore:
Novelty is Vital
Novelty is a synonym for newness. The product’s design that adheres to novelty can qualify for a design registration. Similarly, the combination of registered designs resulting in a completely new and unique design is also eligible for a design registration.
Uniqueness
The design should adhere to uniqueness. Also, it should not have any record of uses or publication.
The Design Must Have an Application
A distinctive design that serves no industrial purpose cannot qualify for design registration. It must serve some utilization purpose. For example, a uniquely designed bottle that helps with portability can fit the legal definition of design. It is important to note that artistic works have nothing to do with design registration.
Design Should Be Non-Contradictory and Non-Offensive
The design should be free from any element that offends the statutory structure or religious belief of the masses. The proposed design should align with norms cited u/s 5 of the Design Act, 2000.
Mandatory Documents to Apply For Design Registration in Coimbatore
The followings are the documents mandatory for Design registration in Coimbatore.
- Applicant’s detail, such as name and address
- The legal status of the applicant
- Business registration or certificate of incorporation
- Description briefing the article and alongside the identification of the class
- Photos of the articles from different angles
A Detailed process of Design Registration in Coimbatore
Here are the step-by-step instructions that will let you apply for design registration in Coimbatore without any hassle:
Step 1: Design Search to Affirm the Legal Status
The applicant will perform a detailed search to confirm that the proposed design has not been registered or used before. The IP portal can help you with search affairs. If the applicant fails to determine the number of identical designs, he must file form no-7 with Rs 1000.
Step 2: Determine the Design Class
The applicant must pinpoint the corresponding design’s class cited in the Locarno classification based on the article’s function. Further, drawing a pictorial representation of the design is needed on the A4 white paper. The paper should also reflect details about the design and the applicant. If the applicant is non-Indian, they must share an address for services in India.
Step 3: File Form-1
The application must file form-1 for the design registration. The form-1 encloses the following fields to be filed by the applicant:
- Name of applicant
- Address of the applicant
- Applicant’s nationality
- If the applicant is an entity, add the details such as the place of incorporation and the entity’s legal status. – The required fee is applicable.
Note: Do not forget to fill up the following mandatory declarations, if any:
Statement of novelty
The statement of Novelty serves as a declaration (at the bottom of the representation sheet) affirming that the given design adheres to novelty and, thus, is original in all aspects.
Disclaimer
There is a common misconception that the article’s design falls under the Trademark. Therefore, there is a need to extinguish this confusion. For this, the applicant must render a disclaimer in an application affirming that the given design is free from any trademark-related claim.
Apart from that, there should be another disclaimer stating:
“The application is free from any claim demanding exclusive rights for using any word, alphabet, and trademark cited in the representation.”
Step 4: Payment of fees and application processing
The applicant can submit the fee via cheque or DD to the Kolkatta head office or in cash. After filing the design application alongside mandatory documents and fees, the concerned design office will allot the registration number. Post that, the application shall undergo an extensive vetting process conducted by the concerned official.
Step 5: Fixing Error or Objections, If Any
If the examiner pinpoints any error in the paperwork, the same shall be reported to the applicant. In response, the applicant must submit their case via a written reply. If the reply stands unsatisfactory, the authority shall provide the applicant with the opportunity of a being hearing.
Step 6: Grant of Registration and Publication
After clearing the inspection phase, the application shall qualify for registration and thus shall be published in the patent office. This will lead to the grant of registration certification. The certification stays valid for ten years and is renewable for the subsequent five years.
Conclusion
The concept of IPR revolves around originality, novelty, and distinctiveness. Although Design Act 2000 is not the only avenue for industrial design’s protection, it ensures the better commercial value of the product. The unprotected designs are prone to infringement, and thus it is prudent to secure exclusive rights over them to put infringers out of the equation.
Read Our Article: Trademark Registration In Coimbatore: Know The Complete Process
