Distinct Legal Protections Yes, you can use both trademark (™/®) and design registration for different aspects of the same product. Trademark protects brand identity such as logos, names, and symbols. Design registration protects the visual features of a product's...
Certificate of Registration The primary proof of ownership is the Certificate of Registration issued by the Design Office. It includes the registration number, date, and name of the registered proprietor. The certificate confirms that the design is officially recorded...
Exclusive Rights Design registration grants the owner exclusive rights to apply the design to the registered article. The owner can legally stop others from copying or imitating the design. Only the registered proprietor has the right to manufacture, sell, or...
Eligibility for Registration Yes, packaging designs can be registered under the Designs Act, 2000. The design must relate to the shape, configuration, pattern, or ornamentation of the packaging. It must be applied to a physical article and be visible to the eye. The...
Eligibility under the Designs Act Yes, a company is eligible to register a design in its name under the Designs Act, 2000. The Act allows any “person” to apply, including juristic or legal persons such as companies. The company must be a legally incorporated entity...
Legal Requirement under the Designs Act Originality is a mandatory condition for design registration under Section 4 of the Designs Act, 2000. A design must be new or original and not previously published in India or elsewhere. It should not resemble any known design...
Adopted Classification System India follows the Locarno Classification system for design registration. It is an internationally recognized classification system for industrial designs. The classification is used for organizing and examining design applications. It is...
Eligibility for Indian Registration A design registered abroad can also be registered in India. It must meet all criteria under the Designs Act, 2000. The design should not have been publicly disclosed before the Indian filing. Protection in India is independent of...
Restriction on Modification A registered design cannot be modified in its essential features after registration. The Designs Act, 2000 does not permit alteration of the registered visual elements. The design must remain as originally submitted and approved. Any...
Definition and Purpose Design representations are visual depictions of the design submitted with the application. They illustrate the features of shape, configuration, pattern, or ornamentation. These representations define the scope of protection sought under the...