What is a Design?
In India, a design refers to the visual appearance of a product, including its shape, configuration, pattern, ornamentation, or composition of colors. It's essentially the aesthetic or ornamental features of a product that make it visually distinct from others.
Design Protection Under Indian Law
The Designs Act, 2000 governs design protection in India. According to the Act, a design is eligible for protection if it is:
- New: It must be original and not have been previously disclosed to the public.
- Original: It must have a distinctive character and not be commonplace or ordinary.
- Industrial Applicability: It must be capable of being applied to an article.
How to obtain a Design Registration in India
To register a design in India, you need to file an application with the Controller General of Patents, Designs and Trademarks (CGPDTM). The application should include:
- Design Drawings or Photographs: Clear representations of the design from various angles.
- Description of the Design: A detailed description of the design's features.
- Application Fees: The prescribed government fees.
Duration of Protection
A registered design is protected for a period of 10 years from the date of filing the application. It can be renewed for subsequent periods of 5 years each.
Consulting with a qualified Patent Attorney is crucial to navigate the application process, avoid potential pitfalls, and increase your chances of successful registration.
design Registrationin India for more information please Email us at info@lexdita.com
Disclaimer:
The information provided here is for general knowledge purposes only and does not constitute legal advice. For specific guidance on trademark registration and legal matters, we recommend consulting with a qualified trademark lawyer.
