Design Registration In India
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What Is Design Registration
A design represents the visual features of an article, such as its shape, configuration, pattern, ornamentation or arrangement of lines and colors. These features may exist in two-dimensional, three-dimensional or even a combination of both forms. A design can be created or applied through any industrial process—whether manual, mechanical, chemical or a mix of these methods. What makes a design protectable is that, in its finished form, it appeals to the eye and is judged purely on its appearance.
It is important to note that a design does not cover the method or principle of construction, any purely functional mechanical device, trademarks or artistic works protected under copyright.
Protecting your unique product designs is just as important as protecting your brand name or logo. If you have created a new shape, pattern, ornament or composition of lines and colors that makes your product stand out, you can secure it through Design Registration in India.
Design registration is a legal process that protects the unique external appearance of a product. It prevents others from copying or imitating the shape, configuration, pattern, ornament or composition applied to an article.
For example:
A unique shape of a bottle
A special pattern on fabric
An innovative design of a mobile phone
Artistic ornaments on jewellery
These are all design registration examples where creators secured exclusive rights over their creations.
Are you a designer, entrepreneur, developer or student looking to protect your original creation?
At My Trademark Guide, we provide expert assistance for Design Registration in India to help you secure legal ownership over your creative designs and prevent misuse or copying by others. If you have an innovative product shape, our team ensures a smooth and efficient design registration process in India — right from idea assessment to obtaining your registration certificate.
Let Your Registration Journey Begin
Time Line Of A Design Registration Application
Design Application Filing
After Design Search the Design application is filed by the professional.
Design Application Examination
Upon filing the Design Registration Application, it is examined by the IP department officer.
Design Accepted and Advertised
Once the Design Application is examined and no objection is raised, then the Design Examiner will accept the Design Application and publish it in the journal.
Design Registered
Once the Design Application is published and there is no third party opposition, it is Registered.
Who Can Apply For Design Registration
Individual
Joint Owners
Limited Liability Partnership
Company
Partnership
Trust or Society
Documents Required For Design Registration
One crucial step in your Design Registration Journey is ensuring you have the right documents in place. Let’s explore what you need:
- Design Representations – 4 copies of drawings/photographs/computer graphics showing the article from different views.
- Statement of Novelty & Disclaimer – highlighting new features; signed and dated on each sheet.
- Priority Documents – if claiming convention priority under Section 44 of the Designs Act, 2000.
- Power of Attorney – if filed through an agent.
- MSME/Start Up India Registration Certificate, if any
My Trademark Guide is your reliable partner in the process of design registration. We provide expert guidance and support to make the journey hassle-free. You can trust us to help you compile all the required documents and navigate through the complexities of the registration process. Start securing your product design today by choosing us!
Design Government Fees
Individual
₹1,000 per class/application
MSME/ Start Up India Entities
₹2,000 per class/application
Others
₹4,000 per class/application
Design Registration Process
A Detailed Overview
Design Registration Search
Conduct a search to ensure that your design is new and not already registered.
Preparation of Documents
The first step is collecting and preparing all required documents. These may include:
Power of Attorney (if filed through an agent)
Applicant details (name, address, nationality)
Classification and description of the design
Affidavit or declarations (if needed)
Representations of the design and representation sheet of the article
Proof of first use and priority documents (if applicable)
Clear photographs of the design from different angles
Drafting Design Specifications
A detailed design specification is prepared, clearly describing the unique features of the design. This document is filed along with the application at the Design Office.
Filing of Application
The application, along with the design specification and prescribed design registration fees, is filed before the Design Office. The documents must be properly attested if filed by an attorney.
Filing Acknowledgement
Once the application and fees are submitted, the Design Office issues an acknowledgement confirming receipt of the application.
Examination of Application
The application is forwarded to the Examiner of Designs for a detailed review. The examiner checks whether the design and documents meet all formal and legal requirements. The examiner prepares a report and submits it to the Controller. If objections are found, the applicant is given an opportunity to resolve them within the prescribed time.
Grant of Design Registration
If no objections remain, or once the applicant resolves them, the design is registered. A Design Registration Certificate is issued and the design is published in the Patent Office Journal.
Essential Requirements For Design Registration In India
For a design to be eligible for registration, it must meet the following conditions:
Novelty & Originality: The design must be new and original, not previously disclosed anywhere in the world.
No Prior Publication or Use: It should not have been made public through publication, use or any other form before the filing date (or the priority date, if applicable).
Distinctiveness: The design must be clearly distinguishable from existing designs or combinations of known designs.
Decency: It should not include any matter that is obscene, offensive or scandalous.
Not Purely Functional: The design cannot be just a mechanical device or functional feature; it must focus on appearance.
Visual Appeal: It must be applied to an article in a way that is appealing to the eye.
Compliance with Law & Morality: The design should not violate public order, morality or accepted standards of conduct.
National Security: It must not contain anything that could be harmful or prejudicial to the security of India.
Exclusions From Design Protection
Not every creation can be registered as a design under the Designs Act. The law specifically excludes certain items from protection, such as:
Works that are primarily literary or artistic in nature, including books, calendars, certificates, forms, dress patterns, greeting cards, leaflets, maps, postcards, stamps and medals.
Items like labels, tokens, cards and cartoons.
Any principle or method of construction of an article.
Purely mechanical devices or functional contrivances.
Buildings, architectural structures and immovable properties.
Parts of articles that are not manufactured or sold separately.
Common trade variations or designs widely used in a particular industry.
Minor workshop modifications of existing components in an assembly.
Simple changes in size or dimensions of an article.
National flags, emblems or official symbols of any country.
Layout designs of integrated circuits.
In short, only designs that add unique visual appeal to an article and are not functional, common or artistic works are eligible for registration.
Why Is Design Registration Important?
Design registration is not just a legal formality—it’s a powerful tool to protect your creativity and business identity. Here’s why it matters:
1. Exclusive Rights Over Your Design: When your design is registered, you get exclusive ownership of its appearance. This means only you can use, sell or license that design and no one else can legally copy it.
2. Protection Against Copying & Imitation: The market is full of competitors ready to replicate successful products. A registered design acts as a shield against imitation, giving you the right to stop others from using your design without permission.
3. Boosts Brand Value & Recognition: A unique design makes your product stand out on store shelves or online marketplaces. With registration, that uniqueness is legally protected, helping you build brand recognition and trust among customers.
4. Strong Legal Support in Disputes: If someone infringes your design, registration gives you the legal backing to take action in court and claim damages. Without registration, enforcing your rights becomes very difficult.
5. Competitive Advantage in Business: In today’s fast-paced market, customers are drawn to products that look appealing and distinctive. A registered design not only differentiates your product but also gives your business a strategic edge over competitors.
Major Design Registration Classes In India
Designs in India are classified as per the Locarno Classification, which is an internationally accepted system. Below are some important design classes with examples:
| Class No. | Category | Examples |
|---|---|---|
| Class 2 | Clothing & Haberdashery | Garments, footwear, hats, fabric patterns |
| Class 3 | Travel Goods & Personal Belongings | Bags, suitcases, wallets, umbrellas |
| Class 6 | Furnishing | Furniture, carpets, curtains, bedding |
| Class 7 | Household Goods | Kitchen utensils, appliances, cleaning tools |
| Class 9 | Packaging & Containers | Boxes, bottles, jars, cans |
| Class 11 | Articles of Adornment | Jewelry, watches, ornaments |
| Class 12 | Means of Transport | Cars, bicycles, motorcycles, boats |
| Class 14 | Recording, Communication & Computers | Mobile phones, laptops, headphones |
| Class 19 | Stationery & Office Supplies | Pens, notebooks, files, calendars |
| Class 32 | Graphic Symbols & Logos | Icons, logos, printed designs |
What Is Novelty In Design Registration?
In Design Registration, novelty means that the design must be new and original and should not have been disclosed to the public anywhere in the world before the date of filing or priority date.
Under the Designs Act, 2000 (India), a design is considered novel if it fulfils the following conditions:
- New or Original – The shape, configuration, pattern, ornamentation or composition of the lines or colors applied to an article must be fresh and not copied from any existing design.
- Not Published or Disclosed – The design must not have been previously published in India or any other country by use, prior registration, or in any tangible form.
- Distinctive Appearance – The design must give a unique visual appeal that can be distinguished from existing designs.
- Not a Trivial Variation – Mere changes in size, minor alterations, or obvious variations of existing designs do not amount to novelty.
Let’s understand novelty in design registration with a leading Indian case law:
Case: Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008) 10 SCC 657
Facts:
- Gopal Glass Works registered a design for glass sheets having particular patterns.
- Bharat Glass Tube started manufacturing similar glass sheets.
- Bharat argued that the design lacked novelty because it was already available abroad and published in foreign catalogues.
Supreme Court’s Decision:
- The Court held that novelty means something new or original which has not been disclosed to the public in India or anywhere else before the date of application.
- Since the design was published abroad before the filing date in India, the Indian registration was invalid.
Principle laid down:
- A design is not considered novel if it has already been published anywhere in the world.
- Global novelty is required, not just Indian novelty.
- Even foreign publications (catalogues, brochures, websites, exhibitions) can destroy novelty.
Practical Example:
Suppose a company applies for design registration of a unique chair shape in India.
- If the same chair design was already shown in a furniture expo in Italy or published in a catalogue before the Indian filing date → novelty is lost.
- If no such disclosure happened anywhere in the world before the filing → the design is novel and can be registered.
Key Takeaway:
Novelty = new + original + not disclosed anywhere in the world before filing.
If prior disclosure exists (even outside India), the design loses novelty and cannot be protected.
Why Choose Us
At My Trademark Guide, we understand the significance of safeguarding your product design identity in today’s competitive business landscape. As a leading provider of design registration services in India, we take pride in offering comprehensive and seamless solutions to protect your industrial design. Here’s why choosing us is the smart and strategic decision for your design registration needs:
Expertise and Experience
Comprehensive Guidance
Proactive Approach
Transparent Communication
Cost-Effective Solutions
Timely Execution
How We Work
Contact Us
Design Application Filing
Design Registration
Service Area: We provide services for Design Registration in Delhi, Design Registration in Mumbai, Design Registration in Chennai, Design Registration in Hyderabad, Design Registration in Jaipur, Design Registration in Bangalore, Design Registration in Coimbatore, Design Registration in Ahmedabad, Design Registration in Kolkata, Design Registration in Pune, Design Registration in Indore, Design Registration in Surat, Design Registration in Hyderabad, Design Registration in Kerala, Design Registration in Noida, Design Registration in Lucknow, Design Registration in Solan, Design Registration in Gurgaon, Design Registration in Faridabad, Design Registration in Assam, Design Registration in Uttarakhand, Design Registration in Jammu, Design Registration in Goa, Design Registration in entire India.
Frequently Asked Questions(FAQs)
Design registration protects the visual appearance of a product, while a trademark protects brand identity elements like names, logos, or slogans.
Yes. Both 2D (patterns, lines, colors) and 3D (shapes, forms) designs can be registered if they are original and applied to an article.
No, it’s not required. You can register a design even before manufacturing, as long as it’s capable of being applied to an article by an industrial process.
Yes, but make sure there’s a clear assignment or agreement that transfers ownership to you. Otherwise, the creator may legally own the design.
No. Design registration in India only provides protection within Indian territory. For protection abroad, you need to file in each desired country.
If rejected, you’ll receive a statement of objections. You can respond with clarifications or file a review petition within the prescribed time.
No. You must file separate applications for each class according to the Locarno Classification system.
You can search the Design Register and database available on the official IP India website: ipindia.gov.in
Yes. Startups and recognized MSMEs can apply as “small entities” and are eligible for lower government fees.
A Statement of Novelty highlights the unique features of your design. It helps define what is being protected and strengthens your rights in case of legal disputes.