Design

A Design is defined as

Section 2(b) of the Patent Designs and Trademark Act of 1965 specifies a design as only the features of a shape, pattern, or configuration of objects. In Nepal, design registration grants the owner a monopoly on his or her product for a limited time, including the right to prevent others from making, using, or selling the product without their permission. This is in addition to any design right or copyright protection that may exist in the design at the time. The benefit of registering a design is that the owner of the registration certificate has the legal right to prevent others from using it without his permission. If a third party uses the design without the certificate holder’s knowledge, the certificate holder may sue the violator in court for damages.

This allows him to seek redress from the person who is infringing on his/her right to use the design.

Prerequisites for Design Registration

In order for a design to be registered and protected under the Patent Designs and Trademark Act 1965, the following essential elements must be met:

A one-of-a-kind and inventive design

It implies that it should not have been used or published in any country prior to the date of application for registration.

Shape that is distinct

The features represented by shapes, patterns, configuration, composition, or ornamentation are at the heart of the design.

Appealing

The design should be appreciated solely through the eyes. It makes no difference how or when something is created or applied.

It must not contain any artistic works, trademarks, or property marks.

Significant differences must exist between your design and other designs that have already been registered. Designs that are similar to or have a resemblance to already existing designs, even if slightly different, are ineligible for registration.

Design Registration Procedure

Design Registration Application

The applicant can file the application for design registration himself/herself or through a prime legal member.

• The application must be submitted with Form- along with the following information: applicant’s name, address, and nationality.
• If the applicant is not a natural person, such as a company, you must include information about the place of incorporation and the legal status of the entity. – The applicable fee.
• The article embodies the design’s class and sub-class according to the Locarno Classification.
• The design registration is valid for five years from the date of filing.

On each representation sheet, a statement of innovation and disclaimer (if any) in respect of mechanical action, trademark, word, letter, and numerals should be affirmed and formally signed and dated.

Endorsement and Due diligence

The Department of Industry scrutinizes it. If everything is in order, it is approved and registered, and the applicant is then issued a certificate of registration. Following the plan’s recording, the article, along with other bibliographic information, is advised in the Patent Office Journal, which is distributed every Friday. In the event of complications, the entire project could take around a year

The Design Timeline

According to the Patent Designs and Trademark Act of 1965, the designer has the right to use the design for 5 years after it is registered.

Claim Priority

Nepal is a signatory to the Paris Convention, so the provisions for the privilege of need apply. This case allows you to file a separate application in a different country for a similar or trademark that is significant as of the date of filing the primary application.

Infringement of Design

According to the Patent Designs and Trademark Act of 1965, the holder has the authority to take legal action to stop profiteering and claim any damages in the event of an infringement. The person who violates the law is obligated to pay NPR 50,000 for any damage caused by him or her.

What is the distinction between Trademark and Design Registration?

A trademark serves as a symbol of your business. A symbol can be either a logo or a word. Such symbols are protected from replication by trademark registration.

Design: An exclusive diagrammatic representation, which is done to prevent the designs.

The Difference between Innovation Trademarks: A trademark can be anything from a word to a logo to a wordmark or even a shape. It is not vital to keep the trademark creative.

Design: Since a design is more than a representation, it must be more creative and distinctive.

Protection Varieties

Trademark: A trademark is a representation of the business that it represents. The appearance of the trademark is determined by the subject matter of the trademark. Trademark protection ensures that no other company uses the same mark, and in the event of infringement, the trademark owner has the right to prosecute the company.

The Design Registration

When you register your design, it is entered into the Register of Designs, which is a document kept by the Patent Office. It includes the design number, the date of filling, the class number, the address, and the proprietor’s name.

f you need such legal assistance, please contact us at +977-9849517735 or info@corporatelawyernepal.com.np