Intellectual Property / Design / Standard search for establishing registrability of Design

Standard search for establishing registrability of design.

What is Design?

A Design can be defined as an ‘outer outlook’ of an article. The Designs Act, 2000 defines it as “only features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether two dimensional or three dimensional or both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark or property mark or artistic work”. The rightful owner of this intellectual asset is accorded a protection for a total of 15 years. The copyright of the design is initially registered for a period of 10 years, which later can be extended to further 5 years on making an application for renewal. 

The design registration allows a monopoly to the owner of the asset and empowers such owner to legally exclude/disallow others from manufacturing, selling, reproducing and dealing in the registered design without a prior consent from the owner.

Why is it important to conduct standard search for designs?

Prior to registering a design, the business should make certain that the design has not been registered already by any other company or an individual. In order to ensure this, the business must conduct a search to establish the registrability of the design. This can be done with the assistance of the Design Wing of the Patent Office which will conduct a thorough check on the existing designs and inspect the design register. In this manner, the standard search  will protect the business from registering a design that is prohibited or is already registered by any other person or company.

Advantages of standard trademark search:

  1. Avoiding piracy of design.
  2. Protecting the business from any infringement suits.

Procedure:

  1. The Design Wing of the Patent Office will assist the applicant if an application for search or an applicant to inspect the Register of Designs is made.
  2. In order to request for the search and to find out whether any registration exists in respect of any design, the following documents along with the prescribed fee must be submitted to the Design Wing of the Patent Office.
  3. If the registration number is known, then Form No. 6 along with the prescribed fee of Rs. 500/-
  4. If a duplicate copy of the representation of the article or the specimen of the article is filed, then Form No. 7 along with the prescribed fees of Rs. 1,000/-

Service Inclusions

Professional Fees

Service Exclusions

GST, Government Fee and other Additional Taxes

Service Delivery Process followed by White Code Legal:

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients shares a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

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