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Design Registration
Protect the visual appearance of your products with design registration services.
Overview
Design registration is a legal process that protects the unique visual appearance of a product, such as its shape, configuration, pattern, or ornamentation, under the Designs Act, 2000 in India. By registering a design, creators and businesses gain exclusive rights over the aesthetic features that distinguish their products in the marketplace.
This protection is granted under the Designs Act, 2000, and is valid for a limited period. Registering a design gives the creator exclusive rights, helping them maintain a competitive edge in the market. The design must be new, original, and not previously disclosed to the public.
Design registration applies to both industrial and commercial products, including packaging, containers, textile prints, or any product where shape or surface design plays a key role in consumer appeal. The process is administered by the Controller General of Patents, Designs and Trademarks under the Ministry of Commerce and Industry, Government of India.
Design Pending Status
Filing a provisional patent grants you 'Patent Pending' status, deterring competitors and establishing your priority rights while you develop your invention further.
Design Registration Timeline
The design registration process in India usually takes 6 to 12 months, depending on factors like the accuracy of the application, timely responses to objections (if any), and the absence of opposition. A smooth application with no issues can often be processed more quickly.
File Design Application
Submit all required details & drawings
Examination & Objection Reply
Respond promptly to examination reports
Design Registration Certificate
Issued upon successful completion
If your design also includes a unique functional aspect, you may want to consider patent registration to ensure complete protection. Additionally, for artistic works or creative expressions that go beyond industrial designs, copyright registration can offer an extra layer of legal security.
Definition of Design
What Qualifies as a Design?
A qualifying design must be new, original, and capable of being applied to an article through an industrial process.
It should appeal to the eye and not involve any functional or mechanical feature.
The design must be two-dimensional, three-dimensional, or a combination of both, and must be intended for commercial use.
Examples include
shape of a perfume bottle, textile patterns, decorative utensils, smartphone surface design, or packaging.
What Designs Cannot Be Registered?
Designs that are not new or original, or have already been disclosed to the public.
Designs that are not significantly distinguishable from existing or known designs.
Designs containing scandalous or obscene content.
Purely mechanical designs or those based only on construction principles.
Designs featuring official symbols, emblems, or related to buildings or maps.
Artistic works like paintings, sculptures, or printed items such as book jackets or calendars.
Conditions and Criteria for Design Registration
Novelty & Originality – The design must be new and not previously published or used.
Visual Appeal – Must be judged solely by the eye.
Applicability to an Article – Should be applied to a tangible object.
Non-Functionality – Should not include any functional or mechanical features.
Compliance with Law and Morality – Must not be obscene or scandalous.
Distinctiveness – Should stand out from existing designs.
What is Not Registrable as a Design?
Mechanical devices or construction-based designs.
Trademarks, property marks, or artistic works protected under other IP laws.
Architectural designs or artistic craftsmanship.
Printed items such as forms, maps, and charts.
Greeting cards, labels, tokens, and cartoons.
Rules & Regulations for Design Registration in India
The Designs Act, 2000 and Designs Rules, 2001 govern registration.
Section 2 – Definitions of key terms.
Section 4 – Prohibits registration of designs not new or original.
Section 5 – Details the registration process.
Section 11 – Initial 10-year term, extendable by 5 years.
Section 22 – Penalties for infringement and piracy.
Who Can Apply for Design Registration?
Individuals (inventors/designers).
Companies and LLPs.
Legal representatives or assignees.
Partnership firms or startups.
Foreign nationals/entities with reciprocal rights.
Benefits of Design Registration
Exclusive rights to use, license, or sell the design.
Legal protection against imitation or infringement.
Enhanced brand value and identity.
Increased market competitiveness.
Encouragement for creativity and innovation.
Proof of ownership in legal disputes.
Documents Required for Design Registration
Form 1 with applicant details and design representation.
Government fee receipt.
Drawings or photographs of the design.
Statement of novelty.
Power of attorney (if agent files).
Priority document (for foreign filings).
Affidavit (if required).
Step-by-Step Process of Design Registration
Prepare and submit Form 1 with required details.
Attach drawings, novelty statement, and class details.
Application examined by the Controller of Designs.
Respond to objections within 3 months.
Certificate of registration issued upon approval.
Design Registration Fees
Individual/startup/MSME – ₹1,000 government fee.
Firm/company/others – ₹4,000 government fee.
Vakilsearch professional fee – ₹5,000 + GST.
Transparent, affordable pricing with end-to-end support.
Duration and Validity of a Registered Design
Valid for 10 years from registration date.
Extendable by 5 additional years upon renewal.
Renewal must be done before expiry.
Maximum protection of 15 years.
Renewal of Registered Designs
File renewal before expiry using Form-3.
Grace period of 1 year allowed with surcharge.
Failure to renew results in lapse of registration.
Cancellation of Registered Designs
File Form 8 for cancellation under Section 19.
Grounds include lack of novelty, prior publication, or non-compliance.
Controller issues notice, hearing held if necessary.
Final decision determines retention or cancellation.
Handling Design Infringement
Identify infringement (identical or similar designs).
Collect evidence such as photos or purchase invoices.
Send cease and desist notice.
File a civil suit for injunction or damages.
Seek customs enforcement to block counterfeit goods.
Legal Remedies for Infringement
Monetary penalties up to ₹25,000 per contravention (max ₹50,000 total).
Civil remedies
injunction, damages, and profit recovery.
No criminal liability under the Designs Act.
Court may order destruction of infringing goods and award legal costs.
Why Choose Vakilsearch for Design Registration
Expert Legal Team – Skilled IP professionals guiding each step.
Fast & Transparent Process – Real-time updates and quick turnaround.
Affordable Pricing – No hidden fees or surprises.
End-to-End Support – From filing to certificate delivery.
Nationwide Reach – Seamless assistance across India.
Trusted by Thousands – Proven track record and 5-star client satisfaction.
Frequently Asked Questions
What is a design registration?
Design registration is a legal process under the Designs Act, 2000, that protects the unique visual appearance of a product—its shape, configuration, pattern, or ornamentation. It gives the owner exclusive rights to use and prevent others from copying or imitating the registered design.
Who can apply for design registration?
Any individual, company, partnership firm, startup, or legal representative of a designer can apply for design registration. Even foreign applicants from countries with reciprocal rights agreements with India are eligible to apply.
What is included in the registration certificate?
The registration certificate includes details such as the registered design number, applicant’s name, class and article description, date of filing, and the term of protection. It serves as legal proof of ownership and exclusive design rights.
Where is the design application filed?
Design registration applications in India are filed with the Design Wing of the Indian Patent Office under the Controller General of Patents, Designs and Trademarks. Applicants can submit it physically or through the official online filing system.
What designs are not eligible for registration?
Designs that are not new or original, are already published, contain obscene or scandalous material, or are purely functional or mechanical in nature cannot be registered. Designs similar to national symbols, flags, or emblems are also not eligible.
Can I file multiple designs in one application?
No, each design must be filed as a separate application. However, if you have multiple designs for the same article with minor variations, you can file them as related applications within the same class using separate forms.
What protection does registration provide?
Registration grants the exclusive right to use, license, or sell the design for 10 years, extendable by another 5 years. It legally prevents others from copying, reproducing, or selling articles bearing the registered design without permission.
What happens if the design is not renewed?
If a registered design is not renewed before its expiry, the protection lapses and the design enters the public domain. Once expired, anyone can legally use or reproduce the design without the owner’s consent. Renewal can be done within the grace period with a late fee.