Design Registration in India explained: this guide covers what Design Registration in India means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Industrial design registration protects the visual/aesthetic aspects of an article. Registered under the Designs Act 2000, it prevents copying of the unique appearance of a product. The Controller General of Patents, Designs and Trade Marks (CGPDTM) manages the Design Registry in India.
What is a Registrable Design?
Section 2(d) of Designs Act 2000 defines design as features of:
- Shape — 3D form (a toy, a chair, a lamp)
- Configuration — arrangement/layout
- Pattern — repeating decorative elements
- Ornament — surface decoration
- Composition of lines or colours — 2D design applied to surface
Applied to an article by industrial process. Judged solely by the eye (eye appeal test).
Eligibility Requirements
- Novelty and originality: Not previously published or used in India or elsewhere
- Not same/similar: Distinguishable from existing registered designs
- Appeal to the eye: Must have aesthetic value — purely functional designs not registrable
- Not prior disclosed: Public exhibition/publication destroys novelty (file before disclosure)
Design Registration Process
- Conduct design search on the Indian Patents Office Design search portal (ipindiaservices.gov.in)
- Prepare Form 1 (application): applicant details, Locarno class, article description
- Attach: 4 representations (drawings/photographs) showing all views of the design, power of attorney (if through agent)
- File at Patent Office (Kolkata main office or Delhi/Mumbai/Chennai branch offices) — online filing available
- Examination by Design Controller — checks novelty, formal requirements
- If no objection: Registration certificate issued (typically 3-6 months)
- If objection: Respond within 1 month → hearing if needed → registration or refusal
Locarno Classification (32 Classes)
| Class | Category |
|---|---|
| Class 2 | Articles of clothing and haberdashery |
| Class 6 | Furnishing |
| Class 9 | Packages and containers for transport |
| Class 12 | Means of transport or hoisting |
| Class 14 | Recording, communication, or information retrieval equipment |
| Class 19 | Stationery and office equipment |
| Class 26 | Lighting apparatus |
Protection Period and Renewal
- Initial term: 10 years from registration date
- Renewal: Single extension of 5 years (Form 3 + fee before expiry)
- Maximum total protection: 15 years
- After 15 years: Design enters public domain — anyone can use it
Design Infringement (Section 22)
"Design piracy" occurs when any person:
- Applies a registered design (or fraudulent imitation) to any article without license
- Sells, imports, or publishes any article to which the design is fraudulently applied
Remedies:
- Civil suit: Injunction (interim/permanent), damages or account of profits, delivery/destruction of infringing articles
- Criminal action: Fine up to Rs.25,000 per registered design (cumulative maximum Rs.50,000)
Design vs Copyright vs Patent
| Feature | Design | Copyright | Patent |
|---|---|---|---|
| Protects | Visual appearance of article | Artistic/creative work | Functional invention |
| Registration | Mandatory | Not required | Mandatory |
| Term | 15 years max | Life + 60 years | 20 years |
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