Mastering Design Registration: Essential Do’s and Don’ts for Success

Intellectual property has become more valuable and important during the past century as a result of the opening up of the world’s economies and marketplaces. Free trade now seems to be the ultimate goal of all endeavors. In today’s world, a company’s intellectual property serves as its identity. An association of quality and trust with the market is made by a brand’s logo. The dedication of a brand to innovation is communicated through patents. The creative energies of a brand are spoken for through its copyrights. A product’s designs communicate its aesthetic tenets.

For a very long time, a product’s design was not given significant weight. The design was always intended to be straightforward and practical. However, as marketplaces get more cutthroat, a plethora of comparable goods start to saturate the market, making it challenging for consumers to make a decision. In addition, there is a limited amount of technological innovation that may occur at any particular time. For innovation to advance, there must be a broad advancement in scientific study. Design can help in this situation.

The only aspect of a product that a layperson can still relate to, especially for technologically complex things, is the design. A consumer always seeks something relatable in a product before selecting one over another or making a purchasing decision. Because of this, even if a product’s functionality is independent of its design, items like smartphones, laptops, watches, and cars heavily rely on design. Because they want to stand out from the competition in the market, many of these products are supplied in distinctive color combinations or design patterns.

The Registered Design Act, of 2000 in India protects a product’s design. However, a design cannot be protected by this statute unless it complies with certain standards. The Act states that a design is eligible for protection if:

• It is either unique and has never been registered or published before, or it is not similar to a previously registered or published design.

• Commercially useful, the design can be applied using a manufacturing process to a product or object.
• only has aesthetic usefulness that can be assessed and evaluated by the eye.

• lacks any mechanical features that would support the product’s main functionality.

• Neither the Trademark Act’s definition of design nor the Copyright Act’s or Section 479 of the IPC’s definition of a “property mark” apply to this.

Because any patent design will contain mechanical functionality that will contribute to the product’s principal function and will therefore immediately disqualify under criteria number 4, the Design Patent India Act has not been specifically stated here.

Design Registration Guidelines: Do’s and Don’ts

A design is eligible for registration if it satisfies the aforementioned requirements. Registration does not automatically equate to eligibility, though. There are some before, during, and after dos and don’ts that one must be aware of to preserve the safety and security of a Design Registration Certificate. Let’s look at it.

Dos of Design Registration

1. Do conduct a prior art search: Before applying for design registration, it is advisable to conduct a thorough search to ensure that your design is unique and not already registered or in the public domain. This search helps you assess the novelty and distinctiveness of your design.
2. Do provide accurate and detailed descriptions: When submitting your design application, provide clear and accurate descriptions of your design. Use precise terminology to define the unique features and characteristics of your design.
3. Do include high-quality illustrations or representations: Include well-executed drawings, photographs, or other visual representations of your design. These illustrations should depict the unique aspects of your design from different angles and perspectives.
4. Do file your application promptly: Designs are often granted protection based on a “first-to-file” system. To secure exclusive rights to your design, apply as early as possible, as this can help establish your priority over similar designs filed later.
5. Do consider using professional assistance: Engaging the services of a qualified intellectual property attorney or agent who specializes in design registration in India can be beneficial. They can provide guidance, assist in the application process, and ensure that you meet all the legal requirements.

Don’ts of Design Registration

1. Don’t disclose your design before filing: To avoid compromising the novelty and uniqueness of your design, refrain from disclosing or publishing it before filing for design registration. Publicly disclosing your design may limit or even nullify your ability to obtain exclusive rights.
2. Don’t submit incomplete or inaccurate information: It is crucial to provide accurate and complete information in your application. Inaccurate or incomplete details can lead to the rejection or cancellation of your registered Design. Take care to double-check all the information before submission.
3. Don’t infringe on others’ designs: Before finalizing your design, make sure it does not infringe upon the existing design rights of others. Conduct a comprehensive search to identify similar designs and ensure that your design is sufficiently distinct and different.
4. Don’t delay the application process: Timeliness is important in design registration. Delaying the application process may risk losing the opportunity to secure exclusive rights to your design, especially if someone else files a similar design before you.
5. Don’t assume automatic global protection: Design registration is typically territorial, meaning that protection is granted within the jurisdiction where it is registered. If you require protection in multiple countries, consider filing separate applications or utilizing international systems like the Hague System for the International Registration of Industrial Designs.

Conclusion

Given that it is still unclear how much intellectual property contributes to the company’s revenues, this relatively new topic sees the addition of new provisions every year. All businesses strive to increase their intellectual capital, so the process must involve the consultation of someone with relevant training in the field and substantial practical experience with the procedures and protocols to ensure that all efforts made in this direction are put to good use. If you need any guidance or want to go for registration of a design in India, get in touch with BiatLegal right away, and we’ll put you in touch with our highly qualified and experienced team of intellectual property specialists that can help you with whatever you need.