Section 5 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 5 is the working heart of registration. It says who may apply, that every application goes to an examiner first, what form the application takes, that a design goes into one class only, that the Controller may refuse and the applicant may appeal, that an incomplete application is deemed abandoned, and that a registered design carries the date of the application. If you are filing a design, our industrial design registration service follows this section line by line.
The Controller may, on the application of a 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 it. Each application is referred to an examiner first. It must be in the prescribed form, filed in the Patent Office in the prescribed manner with the prescribed fee. A design goes in not more than one class. A refusal can be appealed to the High Court. A defaulting application is deemed abandoned, and a registered design is registered as of the date of the application.
Sub-section (1): who may apply, and the examiner
"The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this Act."
Points to note:
- Who: "any person claiming to be the proprietor". Proprietor is defined in section 2(j): the person for whom the design was executed for consideration, an acquirer, or the author. See our article on section 2.
- What: a "new or original design not previously published in any country". This echoes section 4(b), which bars designs disclosed to the public before the filing or priority date; see our article on section 4.
- Which designs: those "not contrary to public order or morality".
- "may": the Controller "may" register; registration is not automatic.
The proviso adds a mandatory step: "the Controller shall before such registration refer the application for examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this Act and the rules made thereunder and consider the report of the examiner on such reference." So the examiner reports, and the Controller must "consider" the report. See section 3 for the office of examiner.
Sub-section (2): form, place, fee
"Every application under Sub-Section (1) shall be in the prescribed form and shall be filed in the Patent Office in the prescribed manner and shall be accompanied by the prescribed fee."
The Act fixes none of these. The Designs Rules, 2001 do. For the form see our how-to on filing Form 1 and rules 11 to 13 of the Designs Rules, 2001; for the fee, the sibling article on rule 5. We state no fee here.
Sub-section (3): one class only
"A design may be registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the Controller may decide the question."
A design cannot be spread over two classes. If the class is unclear, the Controller decides. Section 6(2) adds that a question about the class of an article is decided by the Controller "whose decision in the matter shall be final". Compare the two: section 5(3) speaks of doubt about the class "in which a design ought to be registered", and section 6(2) of the class "within which any article falls". Section 6 is covered in the next article.
Sub-section (4): refusal and appeal
"The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person, person aggrieved by any such refusal may appeal to the High Court."
The words "person, person" are a printing repetition. The appeal is to the High Court, as the Act defines it in section 2(e). The sub-section gives no period for the appeal. Section 36 separately fixes three months for appeals to the High Court under certain sections; read it before relying on any period.
Sub-section (5): abandonment
"An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned."
Three elements: a default or neglect by the applicant; non-completion so that registration can be effected; and a prescribed time. The Act leaves the time to the rules. Rules 18 to 21 of the Designs Rules, 2001 deal with objections and abandonment. The Act does not say here whether an abandoned application can be revived; the text is silent.
Sub-section (6): date of registration
"A design when registered shall be registered as of the date of the application for registration."
So the date of registration is the date of the application, not the date the Controller grants it. This matters for the term of copyright, which runs under section 11(1) "from the date of registration"; see our article on section 11.
The steps at a glance
| Step | Who | Source in the text |
|---|---|---|
| Application in prescribed form, in the Patent Office, with the prescribed fee | Person claiming to be proprietor | s.5(2) |
| Reference to examiner and consideration of report | Controller | Proviso to s.5(1) |
| Decision on the class in case of doubt | Controller | s.5(3) |
| Refusal | Controller | s.5(4) |
| Appeal | Person aggrieved, to the High Court | s.5(4) |
| Deemed abandonment for default or neglect | By operation of the Act | s.5(5) |
| Registration as of the date of application | By operation of the Act | s.5(6) |
Illustration (invented)
Veda Interiors designs a curved teak side table and files an application as proprietor, having employed its designer for fixed pay (so Veda is the person for whom the design was executed, under section 2(j)(i)). The application is referred to an examiner, who reports that the representation is unclear. If Veda fails to complete the application within the prescribed time through its own default or neglect, section 5(5) treats the application as abandoned. If the Controller instead refuses the design, Veda, as a person aggrieved, may appeal to the High Court. When the table is finally registered, the registration carries the date Veda filed, which is also the date from which section 11 counts ten years.
Need help with a design application?
An application that is incomplete, wrongly classed or poorly represented risks refusal or abandonment under this section. Our industrial design registration team prepares the form, representations and statement and follows the file until the examiner's report is answered.
Key takeaways
- A person claiming to be the proprietor applies, in the prescribed form, in the Patent Office, with the prescribed fee.
- Every application must be referred to an examiner and the Controller must consider the report.
- A design is registered in not more than one class; the Controller decides in doubtful cases.
- A refusal can be appealed to the High Court; a default or neglect leading to non-completion within the prescribed time means deemed abandonment.
- A registered design carries the date of the application.
Read next
- Section 6: registration in respect of a particular article
- Section 11: copyright on registration and extension
- How to file Form 1: design registration application
- Design registration process: application to certificate
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.