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Design Registartion

January 16, 2025 admin 0 Comments

Design Registration in India: A Complete Guide Under IPR

In today’s competitive market, product aesthetics can be as important as functionality. From the unique shape of a bottle to the pattern on a textile product, industrial design adds commercial value to a product and attracts customer attention. In India, the Design Act, 2000 protects such innovations under the ambit of Intellectual Property Rights (IPR).

This blog explores the concept, process, and benefits of Design Registration in India, helping creators and businesses safeguard their visual designs legally.

What is a Design Under IPR?

A Design refers to the features of shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article, whether in two-dimensional or three-dimensional form, which is judged solely by the eye.

In simple words, it protects how a product looks, not how it works.

Examples include:

  • Shape of a perfume bottle
  • Pattern on a saree
  • Unique packaging of a mobile phone
  • Design of furniture, utensils, jewelry, etc.

Why Register a Design?

  1. Legal Ownership: Establishes you as the rightful owner of the design.
  2. Exclusive Rights: Prevents others from copying or using your design.
  3. Commercial Advantage: Boosts product appeal and brand differentiation.
  4. Monetary Benefits: Enables licensing or sale of design rights.
  5. Enforceability: Registered designs can be legally enforced in case of infringement.

Who Can Apply?

Any person or entity that owns a new or original design can apply, including:

  • Individual creators
  • Startups and SMEs
  • Companies or firms
  • Legal heirs or assignees

Law Governing Design Protection

In India, Designs are governed by the Designs Act, 2000 and administered by the Controller General of Patents, Designs and Trade Marks under the Ministry of Commerce & Industry.

Design Registration Process in India

Step 1: Design Search (Optional but Recommended)

Check existing registered designs through the IP India website to ensure your design is original and unique.

Step 2: Application Filing

Submit Form 1 along with:

  • Representation of the design (drawing/images)
  • Statement of novelty
  • Class and sub-class of article as per Locarno Classification
  • Power of attorney (if applicable)
  • Government fee

Step 3: Examination

The Design Office reviews the application for originality and compliance with the Design Act.

Step 4: Registration & Publication

If accepted, the design is registered and published in the Patent Office Journal. A certificate of registration is issued.

Duration & Validity

  • Valid for 10 years from the date of registration (or filing), extendable by 5 more years
  • Total protection period: 15 years

Government Fees (Indicative)

Applicant Type Govt Fee (INR)
Individual/Natural Person ₹ 1,000
Small Entity/Startup ₹ 2,000
Others (Company, Firm) ₹ 4,000

(Plus professional/legal fees if filed through a consultant)

What Cannot Be Registered?

Designs that:

  • Are not new or original
  • Are dictated solely by the function of the article
  • Contain obscene or scandalous matter
  • Are already disclosed to the public before filing

Benefits of Design Protection

Conclusion

Design registration in India offers a powerful legal shield for creators, designers, and manufacturers to protect the aesthetic appeal of their products. It helps businesses stand out, increase product value, and deter copycats in the market.

If your business invests in product design, packaging, or visual innovation, securing a registered design is a smart step under IPR.

Need Help With Design Registration?
We offer complete support from design search to filing and follow-up.
📞 Contact us today to protect your creative designs legally!

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