how to register design registration
Registered Design: A registered design protects the product's outward form. It grants the owner the legal authority to prevent anybody from replicating their product's outward design within their geographical area. A design patent is a type of protection akin to registered design rights in the United States.
What is the purpose
of registering a design?
For the following (non-exhaustive) reasons, having design protection registered might be beneficial:
- IP Suite: Registering a design expands the spectrum of registered protection available for portions of your project.
– Commercial: There are a variety of commercial reasons for this, including credibility. Parts of your suite and/or markets may be available for licencing or assignment. A registered design provides you ownership of a distinct piece of intellectual property.
- Grace Periods: If you register in the United Kingdom (preferably before going on sale in any markets), you can extend protection to other markets within six months if necessary.
- Foreign production: Because patents may be difficult and expensive to enforce, design protection might be beneficial.
Patents: Patentprotection is never assured, so you might end up with no protection at all.
If you've applied for a patent, a registered design can provide an additional layer of protection for your product. A registered design can give more immediate protection in the near term than a patent since it is processed considerably faster.
A registered design might sometimes be more important than a patent in terms of protecting a product (i.e. a new shape for a mobile ). This can help prevent others from plagiarizing a unique design.
Information about how
to register a design is very important.
A registered design will protect a specific design in whatever category you select (known as Locarno classifications), for example, if you wish to register a star-shaped hat, you would do so under the 'hat' classification.
Professional computer-generated 2D black and white line drawings are the finest photos to submit.
If you wish to patent your product, you must apply for a registered design after you've applied for a patent.
Design (Amendments)
Rules 2014 Highlights
The Design (Amendment) Rules, 2014 were notified by the DIPP on December 30, 2014, and became effective on that day, as part of the ongoing efforts to enhance India's IP protection and enforcement environment. Many of the revisions are identical to those made by the Patent (Amendment) Rules, 2014, which were covered in the March 2014 edition of IPR Amicus. Here are some of the highlights of the Design (Amendments) Rules 2014.
Applicants are
divided into several categories.
While the previous Design Rules did not discriminate between distinct types of applicants, the Design (Amendment) Rules 2014 did, namely, 'natural person' and 'other than natural person'. 'Other than natural person' is separated into two categories:'small entity' and 'others besides small entity.' It was also announced that the costs for each of the three categories would vary. As a result, there are currently three types of design applicants with various fees: "natural person," "small entity," and "others excluding small entity."
As discussed in the article 'Patent (Amendment) Rules, 2014 - Certain issues with the definition of small entities' in the IPR Amicus issue of March 2014, the definition of a'small organisation' is based on clauses under the Micro, Small and Medium Enterprise Development Act, 2006 and the Sectors of the economy (Development and Regulation) Act, 1951.
Payment of a
differential charge when an applicant's category changes.
In the case of an application handled by a natural person being transferred to another natural person or from a small entity to another small entity, the modified regulations specify the conditions for payment of the difference in costs.
How can I submit an
application for a registered design?
To apply for a Registered Design, you must fill up and deliver the necessary forms, along with the application fee.
You may now apply to the online through markshield.
now you can apply for a Community Registered Design online.
What can markshield
do to assist me with registering a design?
Prepare photographs for filing and assess the best filing strategy for lowest official costs, liaise (in-house) with designers, recommend the most appropriate categorization, format and prepare your file with an easy-to-understand explanation, and advise on any messages you get The India IPO will review the application for formality compliance.
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