A key component of intellectual property security, design registration in India allows companies and people to protect the unique visual look of their goods. The Designs Act of 2000 and the Designs Rules of 2001 set the rules for it. Registrants of designs can stop illegal copying or duplication, which ensures they get credit and rewards for their work. Design registration makes a product more valuable in the market and helps companies build a unique brand.
Laws that Guide Design Registration in India
The Designs Act of 2000 is the main law in India that controls the registration of designs. It outlines a plan and what must be filed. For further information on the steps and methods involved in design registration, see the Designs Rules, 2001. The Controller General of Patents, Designs, and Trademarks (CGPDTM) office in Kolkata receives applications for design registration and reviews law requirements.
Features of Design Registration
The many benefits of design registration include increased law, a unique marketing factor, and legal security against illegal copying or imitation. It gives the approved design holder the only right to use it and bans anyone from using, copying, or remaking it without permission. Product business worth is raised, things are more easily recognised, and companies may build a unique market name with design registration. Additionally, it produces good competition in the industry, creativity, and innovation.
Cost Breakdown of Design Registration
Official Fees for Design Registration:
Application Prices:
- Natural Person: ₹1,000
- Minimal Entity: 2,000
- Others: 4,000 ₹
Fee for Renewal
- Natural Person: 2,000
- Minimal Entity: 4,000
- Others: 8,000 ₹
Further Charges for Different Forms and Requests:
- Form No. 1, “Application for Registration”, costs ₹1,000 (Natural Person), ₹2,000 (Others)
- Form No. 3, “Design Renewal”, costs For Natural Persons, ₹2,000; for Others, ₹4,000
- Form No. 4, “Restoration of Lapsed Design”, ₹2,000 (Others), ₹1,000 (Natural Persons)
- Form No. 5, “Inspection of Registered Design,” costs ₹500 for natural people and ₹1,000 for others.
- Form No. 8: ₹1,500 for natural people and ₹3,000 for others to cancel registration
- Form No. 9, “Notice of Intended Exhibition or Publication of Unregistered Design,” costs ₹500 for natural people and ₹1,000 for others.
- Form No. 10, “Document Registration”, costs ₹1,000 (Others), ₹500 for Natural Persons.
- Form No. 11, “Name Entry of Proprietor or Part Proprietor”, ₹500 (Natural Person), ₹1,000 (Others)
- Form No. 12, “Entry of Mortgage or Licence,” costs 500 for natural people and 1,000 for others.
- Form No. 13, “Entry of Notification of a Document”, ₹1,000 for others and ₹500 for natural people.
- Form No. 14, “Request for Correction of Clerical Error,” costs ₹500 for natural people and ₹1,000 for others.
- Form No. 15 (Certificate Request): ₹1,000 (Others), ₹500 for Natural Persons.
- Form No. 16 (Application for Certified Copy of Registered Design): ₹1,000 (Others), ₹500 (Natural Persons).
- Form No. 17, “Application for Register Correction”, ₹1,000 for others, ₹500 for natural people.
- Form No. 18, “Application for Extension of Time for Filing Priority Document” Natural Person: ₹200 monthly; Others: ₹400 monthly
- Form No. 19, “Notice of Opposition” ₹200 (Others), ₹100 for Natural Persons
- Notice of Intention to Attend Hearing Form No. 20: ₹500 for natural people and ₹1,000 for others
- Form No. 21 (Agent Power of Authority): ₹500 (Natural Person), ₹1,000 (Others)
- Request to Alter Name or Address or Address for Service, Form No. 22: ₹200 (Natural Person), ₹400 (Others)
- Form No. 23 (Request for Entries of Two Addresses): 400 for others and 200 for natural people.
- Form No. 24: ₹500 for natural people and ₹1,000 for others (to be filed for claiming the place of a small company)
If Relevant, professional fees
- Selecting a Patent Agent or Attorney: ₹5,999
- Professional Service Fees: ₹6,999
Further Charges and Considerations
- Out of Pocket Costs & Stamp Fee: ₹200
- Government Fees: ₹1,000 for natural people and ₹4,000 for others
- Professional Fees: ₹5,999
- Total fee: ₹6,999
Factors Affecting the Design Registration Cost
Type of Applicant
- For Natural Person ₹2,000 for renewal; ₹1,000 for application
- For Small Entity 4,000 for renewal, 2,000 for application
- For Others ₹4,000 for the application fee and ₹8,000 for the renewal fee
The Number of Designs being Registered
- Single Design: ₹2,000 for renewal, ₹1,000 for application
- Multiple Designs: ₹2,000 for repeat of each design, ₹1,000 for entry for per design
Designs’ Complexity
- Easy Design: ₹2,000 for renewal, ₹1,000 for application
- Complex Design: 4,000 for renewal, 2,000 for application
Service and Professional Fees
- Patent Agent or Attorney: ₹5,999 (Law Republic)
- Expert Services Fees: ₹6,999 (Law Republic)
Additional Factors
- Out of Pocket Costs and Stamp Fee: ₹200
- Government Fees: 4,000 for Others, 1,000 for Natural Persons
- Professional Fees: ₹5,999
- Total Fee: ₹6,999
The kind of application, the number of designs being registered, the difficulty of the design, and professional fees and services all affect the cost of design registration in India. Knowing these aspects makes estimating the overall cost of design registration and ensuring legal compliance easy.
Features of Indian Design Registration
- Economical: Compared to other nations, design filing in India is quite cheap.
- Streamlined process: India’s design filing process is easier to understand and apply for.
- Strong security: With a term of ten years and the chance of an extra five years, design registration in India offers great security for the design.
- Government Support: The Indian government offers many programmes and efforts that help small companies and startups register designs more quickly.
- Access to a sizable Market: India is a rising market that offers a sizable audience for goods with design protection.
Tips on Cutting the Cost of Design Registration
- Get the Application Ready and Submit it Yourself: A self-prepared and filed design register application will save you money on expert costs. Watch out for you to stick to all classification, descriptions, and drawing requirements. To be sure your design is new, fully look for prior works.
- Making Use of Government Portals and Online Resources: The Indian government provides several internet tools and sites to help with design filing. E-filing allows you to file your application online, which is less expensive than sending it in person.
- Seek Assistance from Government Programmes and Initiatives: The Indian government offers several plans and efforts to help small companies, startups, and individual artists record their designs. Some plans provide fee waivers or funds to lessen the cost of design registration. You can also get information about available help by talking with the CGPDTM or trade groups.
Steps in Design Registration
Gathering of Design Drawings and Records
- To ensure the uniqueness and freshness of the design, do a prior art search.
- Prepare A4 size white paper representations or sketches of the design that clearly show the design elements from different perspectives (at least four views for 3D designs).
- Sort the thing according to the Locarno Classification method.
- Write a unique statement showing the special qualities of the design.
- Gather extra important papers such as application information, address, nationality, etc.
Sending in the Application
If applying for more than one class, file separate applications for each class at the proper patent office (Kolkata, Delhi, Mumbai, Chennai, or Ahmedabad) along with Form-1 and the necessary cost.
Examination of the Application
- The patent office will review the application and file any objections
- The applicant will have a chance to reply in writing to the objections
- Should the objections not be properly handled, a meeting may be called
Pubication and Opposition
If the application is accepted, the official magazine will release the design.
The people will have three months to file any opposition.
Formal Registration and Certificate Issue
The design is registered if no opposition is made or if the objection is refused.
A certificate of registration is given, good for ten years and renewed for an extra five years.
The procedure—from filing to registration—usually takes eight to twelve months. Proper paper preparation and quick problem-handling speed up the process.
Extra Expenses and Considerations
Professional Charges for Services of Design Registration
- Patent Attorney or Agent: ₹5,999 (Law Republic)
- Professional Service Costs: ₹6,999 (Law Republic)
Costs of Web Hosting and Domain Registration
- Domain Registration: ₹1,000 to ₹5,000 (based on the domain extension and duration)
- Web hosting costs anywhere from ₹500 to ₹5,000, based on the length and server package.
Importance of Selecting the Appropriate Design Registration Service Provider
- Expertise: Check the service provider’s experience with intellectual property law and design filing.
- Prices: Review service companies’ prices for the best deal.
- Communication: Maintain open lines of contact and quick information all along the way.
- Image: Look into the image of the service company and read customer reviews.
Conclusion
Businesses and people must register their designs in India to protect their unique industrial designs. Conducting a prior art search, sending an application with the appropriate cost and undergoing examination and publication is part of the procedure. The kind of registration decides how much a design record costs in India; small businesses pay ₹2,000, natural people pay ₹1,000, and others pay ₹4,000. The value of design registration is found in its ability to prevent copying or misusing a unique design, therefore supporting creation and innovation.
