Form 1 explained: this guide covers what it 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.
An application to register a design is made in Form 1 under section 5 of the Designs Act, 2000, and rules 11 to 17 of the Designs Rules, 2001 say what must go with it. The rules are specific about copies, class, the drawing sheet and what the Controller may ask for. If you are about to file and want the representation and class checked first, our industrial design registration team can prepare the application.
Section 5(2) requires the application to be in the prescribed form, filed in the Patent Office in the prescribed manner with the prescribed fee. Rule 11(1) requires four copies of the representation of the design, and the application and each copy must be dated and signed by the applicant or his agent. The application states the class and the article or articles (rule 11(2)); the same design in another class needs a separate application (rule 11(3)). Form 1 also serves a reciprocity application under section 44; for that route see Form 2: convention application for a design.
The section and the form
Under section 5(1), the Controller may, on the application of any person claiming to be the proprietor of a new or original design not previously published in any country and not contrary to public order or morality, register the design, after reference to an examiner (proviso). A design is registered in not more than one class, and the Controller may decide a doubt about the class (section 5(3)). A registered design is registered as of the date of the application (section 5(6)). Section 5(5) deems an application abandoned if, through default or neglect of the applicant, it is not completed within the prescribed time. Whether the design can be registered at all is a question for section 4; see section 4: prohibition of registration of certain designs and what can be registered as a design.
The form is headed "Application for Registration of Designs (See sections 5 and 44)"; G.S.R. 45(E) of 2021 substituted it. See section 5.
What rule 11 requires
| Point | What the Rules print |
|---|---|
| Copies | Four copies of the representation, with the application (rule 11(1)) |
| Signing | The application and each copy dated and signed by the applicant or his agent (rule 11(1)) |
| Class and article | The application states the class and the article or articles to which the design is applied (rule 11(2)) |
| Same design, another class | A separate application in each class, stating the number of registrations already effected (rule 11(3)) |
| Purpose of the article | To be stated if the Controller so requires (rule 11(4)) |
| Statement of novelty | May be endorsed on the application and each representation, and shall be if the Controller requires (rule 12) |
| Extra copies or specimens | If the Controller so requires (rule 13) |
Class
Rule 10(1) as amended in 2021 says articles are classified as per the current edition of the Locarno Classification published by WIPO, with a proviso that registration is subject to the Act, specifically section 2(a) and 2(d). The Third Schedule class list was omitted by the same amendment. On doubt about the class, the Controller determines it in consultation with the applicant wherever required (rule 10(2)), and his decision on the class of an article is final (section 6(2)). See rule 10 and section 6.
Preparing the representation (rule 14)
The four copies are exactly similar drawings, photographs, tracings or other representations, or specimens (rule 14(1)).
- Sets: each representation shows all arrangements in which the design is applied to the articles in the set; the Controller decides whether given articles form a set (rule 14(2), (4)).
- Sheet: durable A4 paper, not cardboard, one side only, figures upright and, where possible, on one sheet, each designated by view such as perspective, front or side (rule 14(3)).
- Words, letters or numerals: removed unless of the essence of the design, in which case the Controller may require a disclaimer of any exclusive right to them (rule 14(6)).
- Repeating surface patterns: the complete pattern and a sufficient portion of the repeat in length and width, not smaller than 5 by 4 inches or 13.00 by 10.00 centimetres (rule 14(7)).
- Living or deceased persons: if a name or representation appears, the Controller may require consent from the person, or from the legal representative of a deceased person (rule 14(8)).
For drafting practice, see design specification and representation: preparation guide and rule 14: representation of the design.
Signing, agent, address and where to file
Rule 8 requires documents under section 5 to be dated and signed at the foot with a statement that the facts are true on the signer's knowledge, information and belief. An agent may be authorised under rule 9, in Form 21. Every applicant must give an address for service in India (rule 4), which since 2021 shall include an e-mail address and a mobile number registered in India of the agent or applicant. Rule 3(3) allows the application, with fees, to be filed at a branch office, which transmits it to the Head Office (rule 3(4)).
Fee, from the 2021 First Schedule
Entry 1 of the First Schedule as substituted by G.S.R. 45(E) in 2021 prints the fee on an application for registration of a design under sections 5 and 44.
| Applicant | Fee |
|---|---|
| Natural person, startup or small entity | Rs. 1,000 |
| Others | Rs. 4,000 |
These are the amounts as per the Schedule as substituted in 2021; check the current Schedule. Under rule 5(2)(e), on transfer to another kind of person the new applicant pays the fee difference with the request. See rule 5: fees and mode of payment and design registration fee schedule.
After filing: objections, acceptance and the six-month limit
Rule 17 says the Controller may accept the application if he considers that there is no lawful objection in the examiner's report. If there are objections, rule 18(1) gives the applicant three months from the date of official communication to remove them or apply for a hearing, failing which the application is deemed withdrawn, and the proviso says the period for removal shall not exceed six months from the date of filing. Rule 21 deems an application abandoned if, through neglect or default of the applicant, it is not completed so as to enable registration within six months from the date of application. The text prints no provision for extending the six months in rule 21. See rules 18 to 21.
Common mistakes
- Filing one application for the same design in two classes; rule 11(3) needs one for each.
- Sending fewer than four copies, or copies that differ (rules 11(1), 14(1)).
- Leaving words on the drawing that are not of the essence of the design (rule 14(6)). See common mistakes in design registration.
Need help with a design application?
The class, the representation and the statement of novelty decide what the Controller examines. Our industrial design registration service prepares Form 1, the four representations and the reply to any objection.
Key takeaways
- Form 1 is filed under section 5, with four dated and signed copies of the representation (rule 11(1)).
- One application covers one class; the same design in another class needs a separate application (rule 11(3)).
- The fee is in entry 1 of the First Schedule as substituted in 2021; check the current Schedule.
- An application not completed within six months from its date is deemed abandoned (rule 21).
Read next
- Rules 11 to 13: application, statement of novelty and additional copies
- Rules 16 and 17: claim to proceed as applicant and acceptance
- Rule 15: reciprocity application
- Design registration in India
Disclaimer: Based on the Designs Rules, 2001 as notified in 2001 and amended in 2021 (G.S.R. 45(E)), and the Designs Act, 2000, as consulted on 2 October 2026. Later amendments, forms and fees should be checked in their current form. This article is general information, not legal advice.