DESIGN REGISTRATION

Did you know that cRadle and bAr offers free legal consultancy and design search as part of our IP awareness program? We're here to help you navigate the complexities of design registration and ensure your unique designs stands out! APPLY ONLINE NOW with the help of Jr. Shubhu to take advantage of these valuable services, hassle-free and with zero physical presence required. You can start the process of registering your designs through a simple chat with us, taking less than 5 minutes.

Design registration is crucial for protecting the unique aesthetic features of a product. At cRadle and bAr, we specialize in securing design registrations that safeguard the visual appeal of your creations under the Indian Designs Act, 2000. Our comprehensive services ensure that your designs are legally protected, giving you exclusive rights to their use and preventing unauthorized copying or imitation.

Our founder, Adv. Ansh Malhotra, is a Government-empanelled IP Mitra - Design Facilitator. This prestigious designation highlights our commitment to excellence and ensures that our clients receive top-notch services tailored to their specific needs. With Adv. Malhotra’s expertise and dedication, cRadle and bAr is uniquely positioned to guide you through the design registration process with unparalleled professionalism and proficiency.

What is a Design?

A design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional forms, which appeal to and are judged solely by the eye. Design registration ensures that these unique aspects of your products are protected, maintaining their market distinction.

Benefits of Design Registration:

Exclusive Rights:

Design registration grants the owner exclusive rights to use the design, preventing others from using, manufacturing, or selling products bearing the registered design without permission. This exclusivity protects your market share and enhances your brand's uniqueness.

Legal Protection:

It provides legal protection against unauthorized copying or imitation of the design, allowing you to take legal action against infringers. This legal backing is crucial for enforcing your rights and maintaining the integrity of your designs.

Market Advantage:

A registered design adds value to your products by enhancing their market appeal and distinctiveness, thereby giving you a competitive edge. This advantage can be pivotal in crowded markets where visual differentiation is key.

Asset Creation:

A registered design is an intangible asset that can be licensed or sold, generating additional revenue streams. This asset creation is valuable for business growth and can be leveraged in various commercial agreements.

Enhances Brand Value:

Protecting the aesthetic features of your products strengthens your brand identity and reputation in the market. A strong, protected brand is essential for long-term business success and customer loyalty.

Process of Design Registration:

The process of design registration involves several steps to ensure comprehensive protection of your design. Below is an easy-to-understand breakdown of the process:

Step 1: Filing of Application:

The process begins with the filing of an application using Form 1. At cRadle and bAr, we assist in preparing and filing the application, which includes:

Statement of Novelty: Describes the unique features of the design.
Representations of the Design: Drawings or photographs showing the design from different views.
Class and Sub-Class of the Design: As per the Locarno Classification.

Step 2: Issue of Application Number:

Once the application is filed, the Design Office issues an application number. This number is used to track the status of your application throughout the registration process.

Step 3: Examination of Application:

The application for design registration is referred by the Controller of Designs to an Examiner of Designs. The examiner conducts an examination to ensure:

a. Compliance with formal requirements of the application and accompanying documents.

b. Registrability of the design as applied to an article, under the provisions of the Designs Act, 2000 and the rules made thereunder.

Step 4: Handling Objections:

Upon identifying any deficiencies in the application as outlined in Step 3, the Examiner informs the Controller, who subsequently communicates these objections to the applicant. It is imperative for the applicant to address these objections within the specified timeframe. Initially, objections are addressed through a written reply, and in certain cases, may escalate to formal hearings. Attorneys at cRadle and bAr specialize in managing these processes on behalf of the applicant.

Communication of Objections: In instances where objections arise, the Controller directly notifies the applicant. This communication specifies the precise areas of concern, such as issues pertaining to novelty or completeness of documentation. This step holds pivotal importance as it dictates the subsequent course of action for the applicant.
Reply and Hearings: Our attorneys at cRadle and bAr take charge of responding to objections and representing clients during hearings if required. We meticulously prepare and submit comprehensive responses to the Controller, addressing each objection with meticulous detail and clarity. Should a hearing be necessary, we provide robust representation, advocating effectively to ensure all objections are competently contested and resolved in favor of the applicant. Our adept handling of objections and hearings significantly enhances the prospects of achieving successful registration.

Step 5: Publication and Registration:

Approval: If all objections are resolved, the design is registered.
Publication: The accepted design is published in the Patent Office's Design Journal
Certificate Issuance: A Certificate of Registration is issued, granting the applicant exclusive rights to the design.

Duration of Design Registration:

A registered design is protected for an initial period of 10 years from the date of registration, which can be extended for an additional 5 years.

Understanding Design Classes:

Designs are categorized into different classes and sub-classes based on the Locarno Classification system, an international classification used to categorize industrial designs. This classification helps in the systematic arrangement and easy retrieval of design information. At cRadle and bAr, we guide you in identifying the appropriate class and sub-class for your design to ensure accurate registration.

Marking of Articles with a Registered Design:

Before selling any article featuring a registered design, the registered proprietor must mark the article with one of the following to indicate its registered status:

REGISTERED;
REGD.;
RD; and
The registration number (Except in the case of articles soft or brittle in nature, to which have been applied designs registered in different classes of articles)

Our Commitment at cRadle and bAr:

Choosing cRadle and bAr for your design registration needs ensures comprehensive protection and expert guidance throughout the process. Here’s why we stand out:

Expertise in Design Law: Our team possesses extensive knowledge and experience in design law, ensuring that your applications are handled with the highest level of proficiency.
End-to-End Services: We offer complete services from initial consultation and application filing to handling any objections and securing registration.
Personalized Attention: We provide tailored services to meet your specific needs, ensuring that your designs receive the protection they deserve.
Proven Track Record: We have a successful history of registering designs across various industries, helping clients protect their unique creations.
Client Education: We believe in empowering our clients with knowledge, providing insights into the importance of design protection and the registration process.
Ethical and Transparent Practices: We maintain the highest standards of ethics and transparency, ensuring that you receive honest and reliable services.
Leadership: Our founder, Adv. Ansh Malhotra, is a Government-empanelled IP Mitra - Design Facilitator. This prestigious role as a government-appointed advocate demonstrates our commitment to providing the highest level of service and expertise. Adv. Malhotra's guidance ensures that our clients receive exceptional support tailored to their specific needs, making the design registration process seamless and efficient.

At cRadle and bAr, we are committed to safeguarding the aesthetic innovations of our clients. Protect your designs and secure your creative edge with our expert design registration services. Contact us today to learn more and get started on protecting your designs.