Design Registration

App registered design protects the appearance of the whole or part of a product resulting from the lines, contours, colours, shape, texture or materials of the product or ornamentation. Therefore, a registered design can cover both 3D and 2D features of a product, which may include surface decorations such as patterns and illustrations.
To obtain a registered design in Bangladesh, the procedure which involves filing an application with the Department of Patents, Designs & Trademarks, Bangladesh which is then examined for registerability under the Patents & Designs Act 1911. If there are no objections the design will be registered and a registration certificate will be issued.
A design application has specific legal requirements if it is to be acceptable. It is common for applications to be filed with inaccurate or insufficient representations of the design and since it is generally not possible to change the design, it is important to get it right at the beginning to avoid unnecessary fees and disappointment. Due to little consideration being given to the merits of a design during the application process, many
designs are registered that may not in fact be valid. However, in order to achieve a valid and therefore, enforceable registered design, it should be new and the overall impression of the design should be considerably different from the overall impression of other existing designs.

Ideally a design is confidential at the time a registered design application is filed, but it is possible to file an application up to 6 months following the first date filing the design application through the Paris Convention route.

A registered design is initially in force for a period of five years, but is renewable in five-year periods up to a maximum of 15 years through the payment of renewal fees.

A Registered design enables you to stop third parties from making, offering, putting on the market, importing, exporting, using or stocking a product which is to your design.

There are a number of benefits to owning a registered design. The existence of your registration may act as a deterrent and stop anyone infringing your design. It is also much easier to take legal action against anyone who uses your design without your permission, since you do not need to prove copying – it is irrelevant whether they copied or came up with the design independently.

There is no official symbol that is used to show that a design is registered, but displaying the design number on the product once it is registered may act as a useful deterrent.

 For an outline of the stages, time scales and typical costs involved in obtaining a registered design, please communicate with us at our email address: info@munshiandassociates.com. If you would like to register your design or have a problem or matter concerning a registered design, we would be happy to help you.

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