Design Registration in India: Protect Your Product's Appearance

What Is Design Registration?

Design registration protects the visual appearance of a manufactured article. Under the Designs Act, 2000, a "design" means the features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article, in two or three dimensions, by an industrial process, which appeal to and are judged solely by the eye. The protection is for how the article looks, not how it works. A registered design gives the owner the exclusive right to apply the design to articles in the class for which it is registered, and to stop others from copying it. Registration is made with the Designs Wing of the Patent Office, under the Controller General of Patents, Designs and Trade Marks, and is governed by the Designs Act, 2000 and the Designs Rules, 2001.

Design registration is relevant to any business whose products compete on appearance: furniture, packaging, bottles, jewellery, footwear, electronics, toys, textiles, tableware, fixtures and many others. It sits beside the other IP rights. A patent protects how a product works, a trademark protects the brand, and a design registration protects the look.

What Can and Cannot Be Registered?

• Can be registered: the shape of a bottle, the configuration of a chair, the surface pattern of a tile or fabric, the ornamentation of a piece of jewellery, the visual layout applied to a product or a package, provided it is new and original.
• New or original: the design must not have been published anywhere in the world, or used in India, before the date of application, and it must not be a mere variation of known designs without novelty.
• Cannot be registered: a mode or principle of construction, or a mere mechanical device, a trademark or property mark, an artistic work as defined in the Copyright Act, anything that is contrary to public order or morality, and designs that are not applied to an article by an industrial process.

The test is the appearance of the article and not its function. A feature that is dictated purely by function is not protected. For designs on a screen, such as graphical user interfaces and icons, protection depends on how the design is applied to an article and on the Design Office's practice, and each case is examined individually.

Why Registration Matters

A design that is capable of registration but is not registered can still have copyright protection as an artistic work, but under Section 15 of the Copyright Act, 1957, that copyright ceases once the design has been applied to more than the specified number of articles by an industrial process. In practice, this means that a business that mass-produces a product with a distinctive appearance cannot rely on copyright alone. A registered design closes that gap and gives the owner a clear right to take action against copying. A registered design is also an asset that can be licensed, assigned or franchised.

Because novelty is essential, the design should not be disclosed before the application is filed. Showing the product publicly, selling it, listing it online or publishing images before filing can destroy novelty, and in the case of a design, the law gives limited relief.

The Registration Process

1. Design search and assessment: a check of registered designs and of published products to see whether the design is new.
2. Preparation of representations: clear drawings or photographs showing the design from the required views, such as front, back, top, bottom, sides and a perspective view, with a statement of novelty that defines what is new.
3. Classification: the article is classified under the Locarno Classification, and the design is registered in that class.
4. Filing: the application is filed in Form 1 with the fee. A priority claim can be made if the design was first filed in a convention country within the period the law allows.
5. Examination: the Design Office examines the application and may raise objections, to which the applicant must reply within the time prescribed.
6. Registration and publication: if the application is in order, the design is registered, a certificate is issued and the design is published.

A registered design is valid for ten years from the date of registration, as the Act provides, and can be extended once for a further five years by filing for renewal before the expiry, so that the total term is up to fifteen years.

What Our Design Registration Service Includes

• An assessment of whether your product's appearance qualifies as a design and a preliminary search for similar registered designs.
• Guidance on the drawings, photographs and views needed, and review of the representations before filing.
• Drafting of the statement of novelty and the description.
• Selection of the Locarno class, and the choice of whether to file single or multiple applications for variants and sets.
• Preparation and filing of the application in Form 1, with the benefit of reduced fees for small entities, startups and individuals where eligible.
• Tracking of the application and reply to objections.
• Delivery of the registration certificate as issued.
• Reminders for renewal in the tenth year, and guidance on assignments and licences of the design.

How the Process Works

Please speak to us before launching the product or posting its images online. You send us the product details, the pictures or drawings and the plan for the launch. We search, advise on whether and how to file, and prepare the representations. After your approval, we file the application and track it. If the Design Office raises objections, we draft the reply with you. When the design is registered, we send the certificate and a note of the renewal date. The Designs Wing's timelines vary, and a registration commonly takes several months.

Important Considerations

• The Design Office grants the registration. We cannot guarantee registration or the scope of protection.
• Do not publish, sell or show the design before filing. Novelty can be lost.
• A design registration protects the appearance only. For brand names, logos, inventions and creative works, other rights apply.
• Protection in India applies in India only. Foreign protection needs filings in other countries, within the priority period if you wish to claim priority.
• Infringement proceedings, cancellation actions and licensing disputes are separate services, best handled with an advocate.