Sections 35 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.
Section 35 lets the Controller refuse to register a design whose use would, in his opinion, be contrary to public order or morality, and gives an appeal to the High Court. Section 36 then sets the rules for every appeal that the Act says lies from the Controller to the High Court: three months from the date of the order, with the time taken to obtain a copy left out, optional expert help for the Court, a final decision, and power for the High Court to make its own rules. If you hold a refusal order in your hand, legal dispute resolution advice is the next call; the clock is already running.
s.35: the Controller may refuse to register a design whose use would, in his opinion, be contrary to public order or morality; an appeal lies to the High Court. s.36: wherever the Act says an appeal lies from the Controller to the High Court, the appeal must be made within three months of the date of the order, excluding the time occupied in granting a copy of the order; the High Court may obtain the assistance of an expert; its decision is final; and it may make rules consistent with the Act for proceedings before it.
Section 35: refusal on public order or morality
Sub-section (1)
"The Controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality."
Reading it closely:
- "May refuse": a discretion, not a duty.
- "Of which the use would ... be contrary": the test looks at the use of the design, not only its appearance.
- "In his opinion": the test is the Controller's opinion. The text does not describe the standard for forming it, and does not define "public order" or "morality".
- Related provisions: section 5(1) speaks of a design "not contrary to public order or morality"; section 4(d) bars a design that "comprises or contains scandalous or obscene matter". Section 35 is a distinct, discretionary ground. See our articles on section 4 and section 5.
- Hearing: section 33 requires that, if the applicant so requires within the prescribed time, the Controller give an opportunity of being heard before exercising a discretionary power adversely to the applicant. See our article on sections 32–34.
Sub-section (2)
"An appeal shall lie to the High Court from an order of the Controller under this section."
The appeal runs to the High Court, as defined in section 2(e) by reference to the Patents Act, 1970.
Section 36: appeals to the High Court
Sub-section (1): three months
"Where an appeal is declared by this Act to lie from the Controller to the High Court, the appeal shall be made within three months of the date of the order passed by the Controller."
This is the general time limit for every appeal the Act sends to the High Court. The Act declares such appeals in these places:
| Section | Order appealed |
|---|---|
| 5(4) | Refusal to register a design |
| 19(2) | Any order of the Controller on a cancellation petition |
| 31(3) | Any order of the Controller on rectification |
| 35(2) | An order refusing registration on public order or morality |
(The list above comes from our reading of the Act. Check the text of each section.) The period is three months of the date of the order. The text does not say that the period can be extended; sub-section (2) excludes only one thing.
Sub-section (2): the time for a copy
"In calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded."
If you apply for a copy of the order and it takes some days to be granted, those days do not count. The text says "time (if any) occupied in granting a copy"; it does not say when the application for a copy must be made, and it does not say that a failure to apply for a copy is excused. Apply promptly and keep the date of application and the date of receipt.
Sub-section (3): expert and finality
"The High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the High Court shall be final."
- Expert: the Court may take expert help "if it thinks fit". The text does not say who the expert is, how he is paid, or whether the parties may comment.
- "Final": "the decision of the High Court shall be final". The text does not mention any further appeal. We do not go beyond the words; whether other remedies exist under other laws is outside the Act.
Sub-section (4): High Court rules
"The High Court my make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before it." (The text prints "my" for "may".) The procedure for filing an appeal, its form and fee are set by the High Court's rules, which are not part of this Act or the Designs Rules, 2001.
The three-month calendar
| Step | Rule |
|---|---|
| Order passed by the Controller | Day 0 |
| Apply for a copy of the order | Time taken to grant the copy is excluded (s.36(2)) |
| File appeal | Within three months of the date of the order, less the excluded time (s.36(1)) |
| Decision | By the High Court, with expert help if it thinks fit; final (s.36(3)) |
Illustration (invented)
Mira Prints applies to register the design of a printed packaging carton showing a deity image with a slogan that the Controller thinks could offend. The Controller refuses under section 35(1), forming the opinion that its use would be contrary to morality. Mira has asked for a hearing under section 33 and was heard. The order is dated 10 January. Mira applies for a copy on 12 January and receives it on 20 January, so eight days are excluded when counting. Mira files an appeal to the High Court under section 35(2) within three months of 10 January, adding the eight excluded days. The High Court may take expert help and its decision is final. If Mira, instead, had been refused under section 5(4) on novelty grounds, section 36 would apply in the same way.
Apply for the copy of the order at once and note the dates; section 36(2) excludes the time for granting it.
Need help with an appeal against a Controller's order?
The three-month period starts running from the date of the order. Our legal dispute resolution team can obtain the copy of the order, prepare the grounds of appeal and appear before the High Court.
Key takeaways
- The Controller may refuse to register a design whose use would, in his opinion, be contrary to public order or morality, and an appeal lies to the High Court.
- Where the Act says an appeal lies from the Controller to the High Court, it must be made within three months of the date of the order.
- The time occupied in granting a copy of the order is excluded when counting.
- The High Court may take expert help; its decision is final.
- The High Court may make its own rules of procedure for proceedings under the Act.
Read next
- Section 5: application for registration of designs
- Section 19: cancellation of registration
- Section 31: rectification of register
- Common mistakes in design registration and how to avoid them
Disclaimer: Based on the Designs Act, 2000 as enacted, as consulted on 1 October 2026. Forms, fees and procedure are set by the Designs Rules, 2001 as amended from time to time. This article is general information, not legal advice; check the official text before acting.