Documents Required
- A certified copy of the original or certified copies of extracts from the disclaimer
- Affidavits
- Declaration
- Other public documents can be made available on payment of a fee.
Prodcedure
1. Form Filing
Submit a duly filled-in design registration form with the prescribed fees along with four copies of the representation of the Design (of size 33cm x 25cm with reasonable margins).
2. Application
The application, along with the required documents, must be submitted to the Design Wing of the Patent Office in Kolkata or any branch office of the Patent Office in Delhi, Mumbai, or Chennai.
3. Examination
On receipt of the application in the Patent Office, the application is numbered, dated, and taken up for examination.
4. Objection/Defects
If any defects are noticed in the application, they are communicated to the Applicant or agent.
5. Objection/Defects Removal
The defects must be corrected within six months from the official date of application.
6. Hearing
If the defects are not rectified, as required by the Controller, a personal hearing is provided to the Applicant. The Controller’s decision after the hearing is communicated in writing (stating reasons) to the Applicant or his Agent.
7. Appeal
The Applicant can appeal to the High Court (within three months from the date of the Controller’s decision)
8. Acceptance
Once accepted, the application is notified in the Patent and Design Journal.
Exclusive Rights
Registering a design grants the owner exclusive rights over the new and original design. This means others cannot use or copy the design without permission.
Asset Ownership
A registered design becomes an asset of the proprietor/owner, providing them with valuable intellectual property right.
Legal Protection
With design registration, the owner can take legal action against any third party who infringes upon their design rights.
Prima Facie Evidence
The registration certificate serves as prima facie evidence in an infringement lawsuit, making it easier to establish ownership and protect the design.
Right to Use
Registered design owners have the right to sell, transfer, or license their design to others, allowing them to profit from their creativity and business opportunities.
Validity of Design Registration
10 years (extendable by 5 years).
Benefits of Trademark Assignment
Monetization
The trademark assignment enables the trademark proprietor to encash the value of his/her his investment, time and hard work.
Easy Branding
The assignee obtains the rights of an already established brand due to trademark assignment and therefore he/she would not have to work on brand building.
Beneficial for both
The trademark assignment helps both the parties to expand their respective businesses.
Valid Proof
The trademark assignment agreement enables both the parties to establish their legal rights in case of any dispute.