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Design Registration

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Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting.

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Pricing Summary

Market Price: ₹10000
IGLI FINANCIAL: ₹6846 excl.GST
 : ₹7899 incl.GST
GST Credit: ₹1053
You Save: ₹3154(32%)
Government Fee: Including

    Overview

    Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years. The present article briefs the Design Registration procedure in India.

    A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.

    Advantages of Design Registration

    Following are some advantages that an owner can avail after getting registration of a design in India:

    • Exclusive rights over the new and original design
    • An asset of the proprietor/owner
    • Can initiate a legal proceeding in case of infringement by a third-party
    • Serve as a prima facie evidence in an infringement suit
    • Right to sell, transfer and license the design with ease

    Required Details & Deliverables

    The following documents are to be submitted to get design registration:

    • A certified copy of the original or certified copies of extracts from the disclaimer
    • Affidavits
    • Declaration
    • Other public documents can be made available on payment of a fee.

    The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the controller may regulate the cost involved in design registration according to the fourth schedule.

    Process

    The first thing to be noted is that the application to register a design may be applied to five different authorities:

    • Controller Designs Patent Office in Kolkata
    • The patent office in Delhi
    • The patent office in Ahmedabad
    • Patent Office in Mumbai
    • The patent office in Chennai

    The application for design registration must be filed with Form-1 along with the following details:

    • Name of applicant
    • Address of the applicant
    • Nationality of the applicant
    • In the case of a company, information regarding the place of incorporation and the legal status of the entity
    • The required fee is applicable
    • The class and the sub-class of the article under the Locarno Classification, of the article embodying the design
    • The name of the article to which the design is applied upon
    • Representation of the design
      • In the case where the design is two-dimensional, two copies of the design are to be submitted.
      • In the case where the design is three-dimensional, two copies of the design from the viewpoint of the front, back, top, bottom, and the two sides must be submitted.
      • Further, the applicant must also highlight the unique features of the design that sets it apart from any other existing designs.

    If the application is to register the design in more than one class, each class of registration must have a separate application.

    • Statement of disclaimer or novelty must be attached to each representation with respect to mechanical processes, trademark, numbers, letters, etc. it should also be endorsed and duly signed and dated on each representation by the applicant or the authorized person on behalf of the applicant.

    After submission of the application, the patent office will examine the application and raise objections, if any. Upon the clearance or removal of all objections, the design shall be granted a copyright certificate by the patent office.

    FAQs

    A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.

    Design registration is not mandatory, having a design registration protects the design’s uniqueness and authenticity.

    A design registration bestows copyright on the design that is registered for 10 years which can be further extended by 5 years. The owner of the design has exclusive rights to use the design in the class in which it has been registered.

    An application for design registration should be made as soon as possible after the design is finalized and before it is shown to others.

    Application for obtaining design registration can be made by the proprietor of any design, an Assignee ( jointly or separately ), if the applicant is a non-resident Indian then his agent or representative should apply.

    Yes, the ownership of design registration can be transferred by an assignment, a license agreement, or transmission.

    For transferring the ownership rights of a design registration an application is to be made to the controller of Patents and Design in Form 10.

    A design must include these qualities to obtain a design registration It should original and unique. The design should not be controversial or should offend the public order. It should not be published anywhere earlier Lastly, the design is applicable to the physical characteristics and does not include the procedural or mechanical elements.

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    • Upto 4 name options can be given in 1 RUN name approval request.
    • Authorised capital is the amount of shares a company can issue at anytime and can be increased further in the future. Paid-up capital is the amount invested by shareholder and can be even Rs.2.
    • Additional Directors can be added for an additional price of Rs.1199 - if DSC & DIN is available. In case no DIN or DSC is available, cost for adding additional Director will be Rs.2,199 inclusive of GST.
    • Additional authorised capital can be purchased if requried at time of incorporation.
    • Digital signatures from eMudhra with 2 year validity along with ePass 2003 token
    • Statutory Auditor fee is payable on actuals directly to the Independent Auditor appointed by the Board of Directors. IGLI FINANCIAL will only be responsible for accounting, preparation of financial statements and filing of returns on behalf of the Company.
    • In case of incorporation in Madhya Pradesh, an additional stamp duty of Rs.7500 will be applicable. In case of incorporation in Punjab, an additional stamp duty of Rs.10, 000 will be applicable. In case of Kerala, an additional stamp duty of Rs.3000 will be applicable.
    • Upto 4 name options can be given in 1 RUN name approval request.
    • Authorised capital is the amount of shares a company can issue at anytime and can be increased further in the future. Paid-up capital is the amount invested by shareholder and can be even Rs.2.
    • Additional Directors can be added for an additional price of Rs.1199 - if DSC & DIN is available. In case no DIN or DSC is available, cost for adding additional Director will be Rs.2,199 inclusive of GST.
    • Additional authorised capital can be purchased if requried at time of incorporation.
    • Digital signatures from eMudhra with 2 year validity along with ePass 2003 token
    • Statutory Auditor fee is payable on actuals directly to the Independent Auditor appointed by the Board of Directors. IGLI FINANCIAL will only be responsible for accounting, preparation of financial statements and filing of returns on behalf of the Company.
    • In case of incorporation in Madhya Pradesh, an additional stamp duty of Rs.7500 will be applicable. In case of incorporation in Punjab, an additional stamp duty of Rs.10, 000 will be applicable. In case of Kerala, an additional stamp duty of Rs.3000 will be applicable.
    • Government Fee & Stamp Duty* ( Limited Including )
    • 2 Digital signatures from eMudhra with 2 year validity along with ePass 2003 token.Second List Item
    • Upto 4 name options can be given in 1 RUN name approval request.Third List Item
    • Additional Partners can be added for an additional price of Rs.1199 - if DSC & DIN is available. In case no DIN or DSC is available, cost for adding additional Partner will be Rs.2,199 inclusive of GST.
    • Government Fee & Stamp Duty* ( Limited Including )
    • 2 Digital signatures from eMudhra with 2 year validity along with ePass 2003 token.Second List Item
    • Upto 4 name options can be given in 1 RUN name approval request.Third List Item
    • Additional Partners can be added for an additional price of Rs.1199 - if DSC & DIN is available. In case no DIN or DSC is available, cost for adding additional Partner will be Rs.2,199 inclusive of GST.
    • IGLI FINANCIAL shall not be responsible for any delay in making of the requisite filings and the client is solely responsible for the delay and any penalty that may be levied on account of such delay. The client should be aware of the due dates and compliances inter-alia under various laws, acts, regulations and rules and we are solely responsible for compliances under all applicable laws and shall be responsible for payment of any penalty or losses that arise on account of non-compliance of any applicable laws, rules, regulations and acts.
    • The above pricing is applicable for businesses with turnover upto 30 lakhs . In case of larger business, extra charges would be applicable.
    • All data provided by the Client will remain confidential with IGLI FINANCIAL unless pursuant to any order or requirement of a court, administrative agency, or other governmental body.
    • The client will be responsible for verifying the information contained in such returns and/or filings prior to approving/signing such return/filing.IGLI FINANCIAL shall not be responsible for any liability that may arise on account of the information being false and/or incomplete.
    • IGLI FINANCIAL shall not be responsible for any delay in making of the requisite filings and the client is solely responsible for the delay and any penalty that may be levied on account of such delay. The client should be aware of the due dates and compliances inter-alia under various laws, acts, regulations and rules and we are solely responsible for compliances under all applicable laws and shall be responsible for payment of any penalty or losses that arise on account of non-compliance of any applicable laws, rules, regulations and acts.
    • The above pricing is applicable for businesses with turnover upto 30 lakhs . In case of larger business, extra charges would be applicable.
    • All data provided by the Client will remain confidential with IGLI FINANCIAL unless pursuant to any order or requirement of a court, administrative agency, or other governmental body.
    • The client will be responsible for verifying the information contained in such returns and/or filings prior to approving/signing such return/filing.IGLI FINANCIAL shall not be responsible for any liability that may arise on account of the information being false and/or incomplete.
    • Strict confidentiality requirements will be met with no disclosure by us to other parties without your consent, unless otherwise required by law or professional obligation. You may provide us with permission to disclose your confidential information in certain circumstances, or place conditions on the disclosure of certain confidential information. If you do so, we will have permission to disclose the relevant information accordingly, in the performance of our services, unless you instruct us otherwise in writing.
    • The client will be responsible for verifying the information contained in such returns and/or filings prior to approving/signing such return/filing. IGLI FINANCIAL shall not be responsible for any liability that may arise on account of the information being false and/or incomplete. IGLI FINANCIAL shall not be responsible for any delay in making of the requisite filings and the client is solely responsible for the delay and any penalty that may be levied on account of such delay. The client should be aware of the due dates and compliances inter-alia under various laws, acts, regulations and rules.
    • The client will be responsible for paying all types of government fee, penalty, statutory audit fees and taxes associated with the engagement. IGLI FINANCIAL Accountants are only responsible for preparation of accounting and statutory returns. The Client is responsible for the reliability, accuracy and completeness of the accounting records, particulars and information provided and disclosure of all material and relevant information. Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. Any advice given to the Client is only an opinion based on our knowledge of the Client's particular circumstances
    • Strict confidentiality requirements will be met with no disclosure by us to other parties without your consent, unless otherwise required by law or professional obligation. You may provide us with permission to disclose your confidential information in certain circumstances, or place conditions on the disclosure of certain confidential information. If you do so, we will have permission to disclose the relevant information accordingly, in the performance of our services, unless you instruct us otherwise in writing.
    • The client will be responsible for verifying the information contained in such returns and/or filings prior to approving/signing such return/filing. IGLI FINANCIAL shall not be responsible for any liability that may arise on account of the information being false and/or incomplete. IGLI FINANCIAL shall not be responsible for any delay in making of the requisite filings and the client is solely responsible for the delay and any penalty that may be levied on account of such delay. The client should be aware of the due dates and compliances inter-alia under various laws, acts, regulations and rules.
    • The client will be responsible for paying all types of government fee, penalty, statutory audit fees and taxes associated with the engagement. IGLI FINANCIAL Accountants are only responsible for preparation of accounting and statutory returns. The Client is responsible for the reliability, accuracy and completeness of the accounting records, particulars and information provided and disclosure of all material and relevant information. Clients are required to arrange for reasonable access by us to relevant individuals and documents, and shall be responsible for both the completeness and accuracy of the information supplied to us. Any advice given to the Client is only an opinion based on our knowledge of the Client's particular circumstances
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