Registration of design under design act 2000

Over a period of time, promoting a unique product or design becomes important for the business to grow. In today’s day & age, the essence of uniqueness is one of the most important things a business needs to create its hold on the customers. Vidhinyas Solicitors & Associates explain The Design Act 2000 as an act that protects the features of an article by giving its proprietor full ownership of the design.

While the importance of registering your design has increased over time, many potential business owners still don’t know the process of registration of design under the Design Act 2000.




 

What Are The Steps Involved In Registration Of Design Act, 2000?

 

The Design Act, 2000 came to effect officially on May 11, 2001, with the Design Rules, 2001, governing the registration of designs in India. While registering a design becomes important for businesses with unique products, filing for registration without guidance from an expert is not very profitable. 

Vidhinyas Solicitors & Associates share expertise in matters related to Design Registration, making them one of the best choices a new business can look after for registering their design. Here are the steps one has to follow to get registration of design under the Design Act, 2000.

design act 2000


    1. Research On Design

The applicant must research to determine the possibility of any similar design being previously registered under the act. While an expert lawyer can help you with this step without any issue due to their accessibility to paid databases, there are several free databases where you can search for a similar design. Once no similar design is found, the applicant can fill Form No. 7 with a fee of Rs. 1000.

     2. Classification Of The Design

With the use of Locarno classification, the applicant has to recognize and acknowledge the class of design. The diagram must be on A4 size white paper. If not, then the web portal won’t accept the application.

 

  1. Statement of Novelty

Statement of Novelty can be easily labeled as one of the most important parts of an application. With the statement written below the representation sheet, the Statement of Novelty increases the speed of the examination and the complete design registration process.

 

  1. Disclaimer

The disclaimer suggests that under the registration, one can not claim the use of any trademark. A lawyer will briefly guide you with this part of the process.

 

  1. Fees Payment & Submission

Once the application part is over, the application fees are not mentioned but must be paid by cheque or draft at the Design Office, Kolkata.

 

  1. Substantive Examination

After the above steps, the applicant will be given a registration number. Once the application is submitted, the examination officers conduct a substantive examination with a report to be presented within the next two months from the date.

 

     7. Issue Of Certification

Once all the necessary stages of the application are completed, the applicant gets a certificate of registration. The registration of the design of the article is valid for ten years, after which one can extend the tenure for another five years.

 

What Is The Meaning Of An ‘Article’ Under Designs Act, 2000?

Registration of a design is a complex procedure that must be done with guidance from a business law expert. While the act consists of many questions for which one needs answers, the most asked question remains, the meaning of an ‘article,’ a word stated multiple times in the act. 

In simple terms, under the Design Act, 2000, any object or manufactured good is titled an ‘article.’ While there is no barrier whether the object is artificial or natural in nature, it must have the capability to be manufactured and sold separately.

 

Conclusion:

Registration of design under the Design Act, 2000 is a simple procedure, but at times it can get complex if one does not have the knowledge of a lawyer or guidance from the experts in the field. Vidhinyas Solicitors & Associates are one of the most prominent trustworthy names in the industry, with profound experience and expertise in design registration, among many other things.

 

The procedure might get stalled if the applicant receives a formal objection which directly leads to the cancellation of the application if the applicant fails to amend the objection with a written response. This is why the involvement of a lawyer with a specialization in business law is much needed if one wants to apply for registration of the design under the Design Act, 2000.

 

 

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