In addition to the product itself, a product’s rate of success is heavily influenced by its design. The significance of a product’s design should always be given top priority. A one-of-a-kind design always makes a good first impression and helps convey the product’s main purpose to consumers and the market. The majority of businesses spend a lot of money to create designs that are different from the competition and work well.
Numerous large businesses, including Apple, Samsung, and Mercedes understand the significance of designs, which define their story of success.
Because these businesses put a lot of effort into the design of their brand, it stands to reason that they would like to keep the rights to their design from being stolen or copied by anyone else. However, the designer would have no legal recourse if the design was not registered.
Who can apply for a Design registration?
Anyone, including proprietors, design owners, and others is qualified to submit an application for Design registration in Coimbatore. However, the design must be original, not previously published anywhere in the world, and it must not violate any country’s laws. Owner is defined in Section 2(j) of the Designs Act of 2000 as:
- Any person to whom the design has been devolved by the original titleholder
- Design Registration in Coimbatore is done for the Author of the design and
- Who acquires the design for a valid consideration
Design Act 2000
The following is how the act’s Section 2(5) defined Design: “design” only refers to the features of shape, configuration, patterns, or ornament that are applied to an item by any industrial process or means, whether mechanical, chemical, or manual, and appeal to the eye when the item is finished.
Important requirements for design registration in Coimbatore
Only if the following conditions are met will a Design Registration in Coimbatore be taken into consideration for registration:
- It must not include facts or features that are solely functional
- It must not include any trademark, artistic work, property mark, or trademark, as required by the Copyright Act.
- For Design registration in Coimbatore, the design must be significantly distinct from known designs or combinations of known designs.
Procedure for Design Registration
1: Complete the prescribed form and submit it to the Patent Office along with the fee to apply for the registration of a design.
The “article” to which the design must have application and the class in which it is to have Design Registration in Coimbatore must have mentioned on the application form.
2: The application form must include images or drawings of the “article.” Please note that the image must be clear, taken from all angles—front, rear, top, and bottom—on a background, that contrasts with it.
3: There must be no omissions in the article. The Controller of Design will examine and verify the application as soon as it has submission, and he or she will conduct an in-depth evaluation of the application.
4: The applicant will have instruction to make the necessary modifications to register the design if the Examiner discovers any objections.
In the meantime, the applicant will have a fair opportunity to respond to the objections in writing. During the hearing, the examiner will reject the design if he/she is still not convinced.
5: After the Examiner approves the design, it will have publication in the Official Gazette. Once your design has registration, it will be in effect for ten years from the date of application, after which it can have renewal for an additional five years.
Advantages of Design registration in Coimbatore
Let’s take a look at some of the benefits of registering a design with a specific Patent office because it’s obvious that this practice is becoming increasingly common. Design registration has the following advantages in addition to protecting against imitation:
Ability to Sue
Once a design has design registration in Coimbatore, the owner can sue anyone who copies it. Maintaining exclusivity over their product or industrial design ensures that the owner of the Design will be able to maintain their share of the market.
Since counterfeit goods account for 3.3% of global trade as of 2019, businesses can sue the increasing number of counterfeiters by registering designs.
Extended Validity
After ten years, a design that has a certificate of design registration in Coimbatore can have renewal or extended for an additional five years.
Legal Protection against Plagiarism
Providing legal protection against plagiarism is one of the most significant benefits of design registration. By following this procedure, other businesses have prevention from selling, distributing, or copying their products with the same design.
Increased Marketability and Increased Commercial Worth
Design registration by a patent authority increases the product’s marketability and commercial value. This is because potential customers are more likely to see a product that has been designed by the owner.
Fair Market Competition
From a broader perspective, a spirit of competition among market participants is created when a large number of innovators register their designs. This encourages research and development, which results in increased innovation and equal benefits for customers and businesses.
A further significant benefit of design registration in Coimbatore is that it only attracts customers and can be judged or examined solely by sight.
After having design registration in Coimbatore, the applicant company or organization receives the exclusive right to market their product, providing a return on investment. It also contributes to their IP (intellectual property) portfolio and enhances their intangible assets. With excellent returns on investment, these assets frequently generate additional revenue streams.
Product Differentiation
A design having design registration in Coimbatore comes with all necessary paperwork, including the concept and design art that sets it apart from other designs. Because of a flawless business model view, this gives the owner of the design an advantage over their competitors in their market.
Possibility of Licensing Designs to Third Parties
Design owners who have design registration in Coimbatore with a particular patent authority gain the ability to license their designs to third-party manufacturers. To benefit from the lucrative royalties paid by the licensee company, they can do so within their patent jurisdiction.
Recent update on Design registration
The Indian IP community has received an excellent set of news from (CGPDTM) Boudhik Sampada Bhawan, Mumbai.
On December 16, 2022, the Office of CGPDTM issued a public notice regarding the electronic certification of design application forms and documents that have been digitally signed.
According to their notice, the Design Wing of the Patent Office will begin issuing e-certificates on November 1, 2022, to applicants, stakeholders, and the general public.
Advantage of this great news
India will use less paper if forms and documents are not submitted in person, which is a major step toward environmental sustainability.
By ensuring that their services are made available to citizens electronically through improved online infrastructure, the Patent Office has advanced the goal of Digital India by speeding up the process for Design registration in Coimbatore, thereby increasing the number of annual design filings and decreasing the backlog.
An example of Industrial Design
Using the power of iconic ID to rescue Apple from further decline, the original iMac G3 sparked a significant interest. The fruity-flavoured iMac was created by Apple’s former Chief Design Officer, Jony Ive, and his team in translucent colours like “Bondi Blue,” “Lime,” and “Strawberry.”
The public’s attention was drawn to its curvy shape, which made them think of a world beyond grey boxes. It was Steve Jobs’ first all-in-one, mass-market PC success as CEO again, and it showed that he wanted to lead by design.
It was ahead of its time in many ways and sparked many “me too” products, but it was the original, giving its devoted audience easy access to the internet’s birth.
Any industrial design can have Design registration in Coimbatore.
Conclusion
The design system focuses on an item’s aesthetic feature derived from its visual appearance in design, which is one category of IPR. Relevant aspects include an object’s shape, configuration, surface pattern, color, line, or combination of these elements when applied to an object that evokes an aesthetic impression in the eye.
If a design has design registration in Coimbatore, the company and the industry in which it operates benefit from a competitive advantage. In India, design registration is quick and inexpensive. Contact Smartauditor right away to register your design to prevent infringement.