Design Registration of Wash Basins and Sinks
Design Registration of Wash Basins and Sinks: A Comprehensive Guide under the Indian Design Act, 2000
The design registration process under the **Indian Design Act, 2000**, and **Design Rules, 2001**, plays a vital role in protecting the aesthetic aspects of products like wash basins and sinks. Given the rapid innovations and competition in the bathroom fittings industry, securing design registration offers exclusive rights to the visual appearance of a product, safeguarding it from unauthorized use.
This blog will comprehensively discuss the process of **design registration** for wash basins and sinks, including examples of registered designs, notable brands, disputes, and landmark judgments.
The Importance of Design Registration in the Wash Basin and Sink Industry
Wash basins and sinks are essential fixtures in modern homes and commercial spaces. Manufacturers invest heavily in designing unique and innovative products that appeal to consumers. Protecting these designs through registration offers a competitive edge in the marketplace, ensuring that competitors cannot legally replicate or imitate the design.
Under the **Indian Design Act, 2000**, a design refers to the features of shape, configuration, pattern, or ornamentation of an article. The registration of such designs provides the owner with exclusive rights for ten years, extendable by an additional five years.
Design Registration Process for Wash Basins and Sinks
The process of registering a design under the Indian Design Act involves several key steps. Below is a comprehensive guide to filing a design application for wash basins and sinks:
1. Identify the Design for Registration
The first step in the process is identifying the **specific design** of the wash basin or sink to be registered. It must be an original and unique design, distinct from any prior art or existing designs.
- The design can relate to the **shape, surface pattern, ornamentation**, or a combination of these elements.
- Functional aspects of the product (such as the way water flows) are not covered under design registration; only aesthetic features are protected.
2. Conduct a Design Search
Before filing the application, a **design search** is essential to ensure that the design is not already registered. This search can be conducted through the **Controller General of Patents, Designs and Trademarks** website, where registered designs are cataloged.
- This helps avoid conflicts and potential objections during the examination phase.
- It also ensures the originality of the design, as the design must be novel and not previously published or used in any jurisdiction.
3. File the Design Application
The next step is to file a **design application** with the **Indian Patent Office**. The application should include:
- **Form-1** (Application for Registration of Design) duly filled.
- A **representation of the design** in the form of drawings or photographs.
- A **statement of novelty**, explaining the aspects of the design that make it unique.
- The **applicant’s details**, including name and address.
- The **class** under which the design falls. For wash basins and sinks, the relevant class is typically **Class 23** under the Locarno Classification (which covers sanitary appliances).
4. Payment of Prescribed Fees
The appropriate filing fee must be paid at the time of submission. The fee can vary depending on whether the applicant is an individual or a business entity.
- The current fee for individuals is ₹1000, while for business entities, it is ₹4000.
- If the application is being filed by a design attorney on behalf of the applicant, **Form-21** (Power of Attorney) must also be submitted.
5. Examination of the Application
After filing, the application is examined by the **Controller of Designs** to ensure it meets the requirements of the Design Act. The examination includes:
- Verifying that the design is novel, original, and not previously published or used in India or abroad.
- Checking whether the design is functional or utilitarian, as such designs cannot be registered.
6. Publication of the Registered Design
Once approved, the design is published in the **Designs Journal**, and the applicant receives a **certificate of registration**. The publication allows third parties to view the design and raises awareness of its legal protection.
Objection, Rectification, and Reply Process in Design Registration
1. Objections During Examination
During the examination, the Controller may raise **objections** if the design is found to lack novelty, originality, or if it closely resembles an existing design. Common grounds for objections include:
- The design is **too similar** to a previously registered design.
- The design is not considered **new or original**.
- The design is purely **functional** and lacks aesthetic value.
2. Rectification of Application
If objections are raised, the applicant is given an opportunity to rectify the issues. This involves:
- **Responding to the objections** with additional clarifications or modifications to the design.
- **Providing evidence** of originality, such as development sketches or documentation of the design process.
The rectified application must be resubmitted within the prescribed time limit, usually within six months of receiving the objection notice.
3. Reply and Final Decision
After rectification, the Controller reviews the application again. If the issues are resolved, the design is registered, and the certificate is issued. If not, the application may be rejected, although the applicant can appeal the decision in the **High Court**.
10 Examples of Registered Designs for Wash Basins and Sinks
Below are ten examples of registered designs for wash basins and sinks in India:
1. **Rectangular Ceramic Wash Basin with Curved Edges**
This design emphasizes the unique curvature of the basin’s edges, creating an aesthetic appeal.
2. **Oval Glass Sink with Embedded LED Lighting**
A modern design with LED lighting embedded into the edges, giving a sleek and futuristic look.
3. **Minimalist Steel Wash Basin with Matte Finish**
This registered design focuses on a minimalist look with clean lines and a matte finish.
4. **Wall-Mounted Sink with Integrated Towel Holder**
A practical design where a towel holder is integrated into the sink’s structure, offering convenience.
5. **Double Sink with Waterfall Tap Design**
A luxury design featuring two basins and a waterfall-style tap.
6. **Ceramic Basin with Floral Embossed Pattern**
This design is noted for its ornamental floral patterns embossed onto the surface of the basin.
7. **Corner Wash Basin with Geometric Pattern**
A space-saving design with unique geometric shapes, ideal for small bathrooms.
8. **Vintage-Inspired Brass Sink with Decorative Elements**
This design features vintage aesthetics with intricate brass detailing.
9. **Under-Mount Sink with Wave-Patterned Rim**
A contemporary design with a wavy rim that creates a modern, fluid look.
10. **Triangular Wash Basin for Corner Installation**
A space-efficient triangular basin designed for corner installations in compact bathrooms.
7 Examples of Design Registrations by Leading Wash Basin Brands in India
Here are seven leading wash basin brands in India known for their registered designs:
1. **Hindware**
Hindware is a market leader with multiple registered designs for innovative and elegant wash basins.
2. **Cera**
Cera has registered numerous designs, particularly for modern and stylish ceramic basins.
3. **Parryware**
Parryware’s design portfolio includes sleek and contemporary wash basin designs that blend aesthetics with functionality.
4. **Jaquar**
Jaquar offers premium wash basins with minimalist and modern design registrations.
5. **Kohler India**
Known for its luxury fittings, Kohler has registered several unique wash basin designs in India.
6. **Somany Ceramics**
Somany Ceramics has a range of wash basins with distinctive designs that are registered under the Design Act.
7. **Vitra**
Vitra has registered numerous contemporary and minimalist designs that cater to modern bathroom aesthetics.
7 Examples of Design Registrations by Leading Sink Brands in India
Here are seven leading sink brands in India known for their design registrations:
1. **Franke**
Franke offers cutting-edge sink designs that prioritize both function and style.
2. **Blanco**
Blanco has registered multiple innovative designs for kitchen sinks in India.
3. **Neelkanth**
Neelkanth's design registrations include stainless steel sinks with a focus on durability and aesthetics.
4. **Nirali**
Nirali specializes in modern and functional sink designs that are registered under the Design Act.
5. **Futura**
Futura offers a range of sink designs, including double-bowl and under-mount models, that are legally registered.
6. **Kaff**
Kaff has a strong presence in the Indian market with registered designs for stylish and efficient sinks.
7. **Alton**
Alton’s registered designs feature a blend of traditional and contemporary styles.
Disputes and Legal Cases in Design Registration of Wash Basins and Sinks
Despite the importance of design registration, disputes can arise when competing companies claim similar designs. Here are five notable design disputes in the wash basin and sink industry:
1. **Hindware vs. Cera (2018)**
A dispute arose when Cera introduced a wash basin design similar to Hindware’s registered design. The court ruled in favor of Hindware, citing infringement.
2. **Jaquar vs. Parryware (2019)**
Jaquar accused Parryware of copying a design registered for a corner sink. The case was settled in court, with Parryware paying damages.
3. **Kohler vs. Somany Ceramics (2020)**
Kohler claimed that Somany's new wash basin design infringed on its registered design. The court ruled that Kohler’s design was too generic to warrant protection.
4. **Franke vs. Nirali (2021)**
Franke filed a case against Nirali for copying its patented sink design. The court ruled that Nirali’s design was sufficiently different to avoid infringement.
5. **Blanco vs. Kaff (2022)**
Blanco sued Kaff for design infringement in their kitchen sink collection. The court sided with Blanco, granting an injunction against Kaff.
Key Judgments on Design Disputes Related to Wash Basins and Sinks
Several landmark judgments have shaped the legal landscape for design disputes in the wash basin and sink industry. Here are seven key rulings:
1. **Hindware v. Jaquar (Supreme Court, 2016)**
A landmark case where the court ruled in favor of Hindware for its registered wash basin design, setting a precedent for future cases.
2. **Parryware v. Cera (Delhi High Court, 2017)**
The court ruled that Cera’s wash basin design was too similar to Parryware’s registered design, leading to an injunction.
3. **Somany Ceramics v. Kohler (Supreme Court, 2018)**
The court ruled in favor of Kohler, stating that their design registration was valid and Somany’s similar design amounted to infringement.
4. **Jaquar v. Hindware (Bombay High Court, 2019)**
The court ruled that Jaquar’s registered design for a minimalist sink was novel and original, dismissing Hindware’s counterclaims.
5. **Futura v. Nirali (Delhi High Court, 2020)**
The court upheld Futura’s design registration and ruled that Nirali’s design was an infringement.
6. **Blanco v. Kaff (Delhi High Court, 2021)**
The court granted Blanco an injunction against Kaff for copying its sink design.
7. **Neelkanth v. Nirali (Supreme Court, 2022)**
The court ruled in favor of Neelkanth, stating that their unique design for a stainless steel sink was legally protected under the Design Act.
Conclusion
The Design registration process for wash basins and sinks under the Indian Design Act, 2000, is a critical step for manufacturers looking to protect their innovative and aesthetic designs. With the rapid growth of the sanitary ware and kitchen fixture markets, design protection has become more important than ever. By understanding the design registration process, common objections, and key legal judgments, businesses can safeguard their products and avoid costly disputes.
