Design Registration and Protection in Asansol

Design registration protects the visual appearance of a product — shape, configuration, pattern or ornament — under the Designs Act 2000. It is different from a patent, which protects function, and from a trademark, which protects brand identity. Registration gives an exclusive right for ten years, extendable by five, and enables infringement action.

Key facts at a glance

Step-by-step procedure

1. Step 1: Confirm the design is new and has not been published or sold publicly before the filing date.
2. Step 2: Prepare clear drawings or photographs showing the design from all views.
3. Step 3: Identify the class of goods under the design classification.
4. Step 4: File the application with the design office with the fee and representation.
5. Step 5: Respond to examination objections and correct any defects pointed out.
6. Step 6: On registration, use the registered mark and monitor the market for imitation.

Documents you need

• Application in the prescribed form with the representation of the design
• Four copies of the design drawings or photographs from different views
• Statement of novelty and disclaimer
• Details of the class of goods under the classification
• Proof of the applicant's identity and business
• Assignment deed where the applicant is not the creator
• Priority document for a convention application

Common mistakes to avoid

• Disclosing or selling the product publicly before filing, which destroys novelty.
• Filing drawings that do not clearly show the design features claimed.
• Confusing design registration with a patent and expecting functional protection.
• Not renewing after the initial ten-year term and losing the right.

Where to go in Asansol

Applicants from Asansol file design applications through the Kolkata office of the Controller General or online. Infringement suits are filed before the Commercial Court at Asansol or the Calcutta High Court.

Frequently asked questions

What can be registered as a design in Asansol?

The shape, configuration, pattern, ornament or composition of lines or colours applied to an article by an industrial process, provided it is new, original and not previously published in India or abroad.

How long does design registration last?

Ten years from the date of registration, extendable by five years on payment of the renewal fee, giving a total possible term of fifteen years.

What is the remedy for design infringement in Asansol?

The registered proprietor can file a suit for injunction and damages before the District Court or the Commercial Court, and can also seek seizure of infringing goods through the border measures available under the law.

Is design registration the same as copyright?

No. Copyright protects artistic works such as paintings and literary works, while design registration protects the industrial appearance of an article. Once a design is registered, copyright in the artistic work is not separately enforceable for that article.