Design Registration Process in India

Design Registration
(Price Start at $ 100 /-)

A design registration essentially protects the features of an innovative product such as its shape, patterns, and ornamental aspects. Different countries have their own processes and regulations for registering a design. In India, the protection of designs is contained in the Designs Act, 2000 (hereinafter referred to as “the Act”). As defined under Section 2 (d) of the Act, a design is the aesthetical shape of the article and not the functional aspect of any design or a functional shape (i.e. a shape dictated solely by the function).

Advantages to Register a Design in India

  • Ability to Sue- Once a design is officially registered, the owner of the design has the right to sue any imitator.
  • Increased Commercial Worth- Design registration by the Indian Patents office boosts the product’s commercial value and increases its marketability.
  • Product Differentiation – A registered product or industrial design is accompanied by all the relevant documentation including the concept and design art that makes it novel.
  • Filing for Invalidity – When innovators have their industrial designs registered under a patent authority, they gain the added benefit of being able to file for invalidity of competitor designs.

Eligibility Criteria for Design Registration in India:

For a design to be registered and protected under the Designs Act, the following are essential requirements that need to be fulfilled:

  • A design should be new and Original and should not be known to the public. This means that it should not have been used or published previously in any country before the date of application for design registration.
  • A design should be significantly distinguishable from known designs or a combination of known designs.
  • A design should not be contrary to public order or morality.
  • A design should not comprise or contain scandalous or obscene matter.
  • A design should be applied to an article and should appeal to the eye.

Documents Required for Design Registration in India

  • Details of the Applicant - Name, Country/State of incorporation and address of the Applicant.
  • Representations of the design - Minimum four (4) representations of the Design to be registered - Out of the four (4) representations, one (1) has to be a ‘perspective view’.
  • Classification - Class in which Design is sought to be registered.
  • Name of Article - The name of Article, design of which is sought to be registered is to be provided.
  • Power of Attorney - The Power of Attorney can be filed subsequent to the filing of an application for registration of a design. The same will have to be executed by the client and notarized (at the place of execution). The original POA will thereafter be required to be stamped under Indian stamp laws. This can be provided post filing of the design application, since the Design Registry requires the design number to be endorsed on the same.
  • Priority Document - Priority Document (in English) if priority is to be claimed.

Procedure to Register a Design in India

Filing an application: The first step in the registration process under the Act is filing an application with the appropriate authority in the prescribed form along with the necessary fees. The proprietor of the design is entitled to apply to register a design in the appropriate class. For the purpose of registration, goods are divided into 32 classes as per the Locarno Classification. A design cannot be registered in more than one class and the application may be filed in respect of any or all articles of the class.

Examination: Once an application to register a design is submitted to the Controller of Designs, the Controller may appoint an examiner to check whether the design is registerable under the Act and submit a report to the Controller. In case certain objections are raised against the design, then the same are communicated by way of an examination report to the applicant and the applicant is given an opportunity to respond to the said objections. If the Controller is satisfied with the response, then the application is allowed and the design is registered. However, if the Controller is not satisfied, he may appoint a hearing or issue another examination report to seek further clarifications/ responses from the applicant.

Registration and Renewal: If the Controller is satisfied and the application is accepted, then a certificate of registration of the design is granted to the applicant and the details of the same are entered into the Register of Designs. The Controller thereafter publishes the application, and the representation of the article to which the design is applied, in the official Gazette and the published application is open for public inspection.

When a design is registered, the proprietor of the design has a copyright in the design for ten years from the date of registration. A further extension of five years in the term of the copyright can be obtained by making an application to the Controller in the prescribed manner along with the necessary prior to the expiring of the original ten year term.

Time Required to Register a Design in India

In case of a straightforward registration (without including any objection from the Patents office), it takes a turnaround time of about 6-10 months for a design to be registered with the Patent Office. Once the design application is accepted and registered, a certificate of registration is issued to the applicant.

How can seedling help you with design registration?

Seedling has a dedicated team of attorneys who excel in crafting and implementing the comprehensive design registration process seamlessly. Our in-house Intellectual property specialists proficiently handle all design filing and registration requirements as well as the associated formalities before the Design office and ensure a hassle-free experience. Connect with us via our website to initiate and fast-track your design registration process. 

Most common question about our services

What is protectable under the Indian Design Act?

A design protection is provided for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article. It is to be judged solely by appeal to the eye.

Can multiple images be included in a single application, and if so how many?

Multiple images of a design may be included in a single application provided said images relate to a single embodiment of the design in question as only different views of a single embodiment are allowable in an application.

Can a registration of Design be restored?

Yes, a Design registration can be restored within a year from its date of its expiry.

Our Registration Services
  • Start Up India Registration
  • Angel Tax Excemption (Section 56, IT Act)
  • Start-up tax excemption (Sec 80-IAC)
  • Legal Entity Identifier Registration
  • MSME/UDHYOG Aadhar Registration
  • IEC Registration
  • ESI&PF Registration
  • ISO Registration (Non-Audit)
  • ISBN Registration
  • GST Registration
Need Help? Chat with us
Need Help? Chat with us
Need Help? Chat with us
Hi, I am interested in consulting with you regarding this service
Click one of our representatives below
Chat Now
I'm Online