What is Design Filing?
Design filing is the legal process of registering a new or original design to claim exclusive rights over its appearance, shape, pattern, or ornamentation. Once the design registration is approved, you gain the legal right to stop others from copying or using your design without permission for a specified period, generally 10 years (renewable for another 5 years).
Why is Design Filing Important?
Without design filing, your creative work is vulnerable to imitation. Businesses invest significant time and resources in innovation. Design registration ensures that the aesthetic element of your product receives legal protection, giving your brand a competitive edge. Moreover, a designing register provides public notice of ownership, which acts as a deterrent against design theft.
Step-by-Step Process for Design Filing in India
1. Ensure Your Design is Original
Before starting the design filing process, make sure your design is new and not already available in the public domain. It must not have been published anywhere in India or abroad before the filing date.
2.Conduct a Design Search
It’s crucial to perform a thorough search on the Indian Design Office database. This helps ensure your design hasn’t already been registered and reduces the chances of objections during design registration.
3. Prepare the Application
You’ll need to submit Form-1 under the Designs Act, 2000. Include:
- Name and address of the applicant
- Description of the article
- Class of the article as per Locarno Classification
- Representations or drawings of the design
This is a crucial stage of the design filing process, so accuracy and clarity are vital.
4. Submit to the Design Office
The application for design filing must be submitted to the Controller of Designs, Patent Office in Kolkata. You can apply physically or through the official online portal. The government fee structure varies for individuals, startups, and corporate applicants.
5. Examination by the Design Office
After design filling, the intellectual property office will examine your application to ensure it meets all legal requirements. This could entail evaluating your design’s originality and distinctiveness in relation to previous registrations
6. Publication and Certification
Once registered, your design will be published in the Patent Office Journal. You will receive a certificate of design filing, confirming your rights and entry into the designing register.
Maintain and Enforce Your Rights
After successful design filing, it’s important to monitor the market for any potential infringement. If someone uses your design without permission, you have the legal right to take action. You can also license or assign your registered design to others for commercial gain.
