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Design Registration

Design registration protects the unique visual appearance or shape of a product — like patterns, configurations, or ornaments applied to it. It gives the owner exclusive rights to use, sell, or license that design for a specified period.”

Overview

Design Registration is a legal process that protects the unique visual appearance of a product — including its shape, pattern, configuration, ornamentation, or combination of colors in two-dimensional or three-dimensional form. Its main purpose is to secure exclusive rights for the owner to use, manufacture, sell, or license the design while preventing others from copying or imitating it without permission. Unlike patents, which protect functional aspects, design registration only protects the aesthetic features that appeal to the eye. In India, a design must be new and original to qualify for registration and should be filed before any public display or commercial use. Once registered, the design is protected for ten years, extendable by another five years, giving businesses a competitive edge by safeguarding the look and feel of their innovative products across industries like fashion, consumer goods, packaging, jewelry, home appliances, and more

What is not included in a Design?

Merely a mechanical device.
A trademark under 2(l)(v) of Trade and Merchendise Act.
A property under Section 479 of IPC
An artistic work under 2(c) of the Copyright Act.

Essential Requirements for Design

Be new or original.
Not be available to the public or published prior to the filing date or the priority date as claimed.
Be distinguishable from designs already available.
Not be a mosaic of designs.

Procedure for Design Registration in India

  • Prepare & Classify: Identify the design, classify it, and create clear drawings or images.

  • Fill Application: Complete Form 1 with applicant details and a statement of novelty.

  • Attach Documents: Add representation sheets, Power of Attorney (if any), priority documents (if applicable), and pay the fee.

  • File Application: Submit online or at the Design Wing of the Patent Office.

  • Examination: The Controller checks for novelty, originality, and any prior publication.

  • Reply to Objections: Respond if any objections are raised.

  • Registration: If accepted, the design is registered, a certificate is issued, and it’s published.

  • Renewal: Valid for 10 years, extendable by 5 more years.

How is Design Different from other Intellectual properties?

Design

A Design protects the visual and decorative aspects of a product — such as its shape, pattern, lines, or color combinations.

Copyrights

Copyright protects the creative expression found in artistic or literary works like books, music, paintings, or films.

Trademark

Any word, logo, symbol, sound, or shape that helps people identify & distinguish a company’s goods or services.

Patent

A new invention or innovative process, giving the inventor exclusive rights over its functional or technical aspects.

Why Design Registration Important and it is Mandatory?

Renewing a trademark is essential to keep your exclusive rights alive and enforceable.

Design Registration is important because it legally protects the unique appearance and visual appeal of a product, giving the owner exclusive rights to use, manufacture, and sell the design. This protection prevents others from copying or imitating the look of your product, which helps maintain your competitive edge in the market. For businesses, a registered design can build brand identity, attract customers, and add commercial value to their products.

No, Design Registration is not mandatory, but it is strongly recommended. Without registration, you do not get exclusive legal rights to stop others from copying or using your design. Registering your design ensures you have the legal backing to protect the unique visual appearance of your product and take action against infringement.

Types of Applications for Design Registration

Design Registration applications can be broadly classified into two types:

Ordinary Application: An ordinary application is filed when protection is sought only in India and not in any other country. It must be filed before the design is publicly disclosed or commercially used.

Reciprocity Application (Convention Application): This is filed when the applicant has already applied for the same design in a Convention Country (a member of the Paris Convention or WTO). The Indian application must be filed within six months from the date of the first application in the foreign country to claim priority.

Documents Required for Design Application

Application Form (Form 1): Properly filled and signed application for design registration.

Representation Sheet: Clear drawings, photographs, or images showing the design from different angles.

Power of Attorney: If filed through an agent or attorney, an authorization letter or Power of Attorney is required.

Statement of Novelty: A brief statement explaining the unique features of the design that need protection.

Priority Document: If claiming priority from a foreign application under the Paris Convention, a certified copy of the first filing must be submitted.

Fee Receipt: Proof of payment of the prescribed government fee.

Additional Documents: Any other supporting documents, if required, such as assignment deeds if the applicant is not the original creator.

Who Can File the Design Application?

A design application can be filed by the author (creator) of the design, the legal representative of a deceased author, or any person or company claiming to be the proprietor of the new or original design. If the creator has assigned the rights to another person or company, then the assignee can file the application. Applications can be filed individually or through a registered patent/design agent or attorney.

Who Can File the Design Application?

A design application can be filed by the author (creator) of the design, the legal representative of a deceased author, or any person or company claiming to be the proprietor of the new or original design. If the creator has assigned the rights to another person or company, then the assignee can file the application. Applications can be filed individually or through a registered patent/design agent or attorney.

Details to be Mentioned in the Design Application

Applicant’s full name, address, and nationality Name of the article and its class/sub-class Clear statement of novelty Drawings or images showing the design from all views Priority details (if any) Signature of applicant or agent Power of Attorney (if applicable)

Certificate is issued. Validity Of Online Design Registration

The validity of a registered design in India is initially 10 years from the date of registration, which can be extended for an additional 5 years upon renewal, making the total possible protection period 15 years.

Cancellation Of Design Registration

A registered design can be cancelled at any time after registration by filing a petition for cancellation to the Controller of Designs. The grounds for cancellation include lack of novelty or originality, the design being previously published in India or elsewhere, the design not being registrable under the Designs Act, or the design not being a design as defined under the Act. If the Controller is satisfied with the evidence provided, the registration can be cancelled, and the design will be removed from the Register of Designs.
ParticularsNatural PersonSmall EntityOther than Small Entity
Application for Registration of Design (Form 1)₹1,000 (physical/e-filing)₹2,000 (physical/e-filing)₹4,000 (physical/e-filing)
Extension of Copyright Period₹2,000₹4,000₹8,000
Inspection of Registered Design₹500 per design₹500 per design₹500 per design
Certified Copy of Registered Design₹500 per copy₹500 per copy₹500 per copy
Request for RestorationApplication fee + ₹1,000Application fee + ₹2,000Application fee + ₹4,000