Design Registration Services in Chennai

What is design registration?

A registrable design must be applied to an article by an industrial process and judged solely by the eye; features dictated purely by function are generally excluded. Registration confers exclusive rights to apply the registered design to the article in the class for which it is registered.

Before applying, identify the article and visual features to be claimed, prepare consistent representations and record any prior disclosure. Registration has an initial protection period with a possible extension under the applicable process; this is not an indefinitely renewable right. Confirm the relevant dates and requirements for the registration.

When you may need this service

• Manufacturers launching a product with a distinctive shape or surface pattern
• Consumer goods and packaging companies seeking to protect product appearance
• Furniture, textile, jewellery and consumer electronics businesses with original designs
• Businesses concerned about competitors copying a product's visual appearance

How LexNova Legal Associates can assist

Typical process

1. Design assessment

   The proposed design is reviewed for novelty and originality, and to confirm it is not primarily functional in nature.

2. Application filing

   An application with representations of the design (views, statement of novelty) is filed with the Design Office under the relevant class.

3. Examination

   The Design Office examines the application for compliance and novelty and may raise objections requiring a response.

4. Registration

   On satisfactory examination, the design is registered, and a certificate of registration is issued.

5. Protection-period review

   Record the initial expiry date and assess whether the permitted extension should be requested. Confirm the current requirements; do not assume repeated extensions are available.

Documents and information commonly required

• Representation sheets showing the design from required views
• Statement of novelty describing the distinctive features claimed
• Details of the article to which the design is to be applied and its class
• Applicant's identity and business registration documents
• Declaration regarding prior publication or disclosure of the design, if any
• Power of attorney authorising filing

Key legal considerations

• Prior publication or disclosure of the design, including through sale or exhibition, before filing can defeat novelty
• Design protection is class-specific; the same design applied to an article in a different class may need a fresh application
• Purely functional features of an article are generally not protectable as a design
• Renewal deadlines must be tracked carefully, as protection lapses if not renewed in time

Common issues and risks

Legal services for clients across Chennai

Our Saidapet office assists Chennai-based manufacturers and product companies with design filings before the Design Office and advises on design infringement disputes that may arise before the Madras High Court.

Information on this page is for general informational purposes and does not constitute legal advice. Every matter turns on its own facts; please speak to a lawyer before acting.