How to Register an Industrial Design in India Under the Designs Act 2000

Kaustav Chowdhury
3 days ago
4 min read

Industrial design registration in India protects the visual appearance of a product, including its shape, configuration, pattern, ornamentation, or composition of lines or colours applied to any article. Registration is governed by the Designs Act, 2000 and the Designs Rules, 2001. This guide explains the eligibility criteria, application process, examination procedure, and scope of protection available under Indian law.

What Qualifies as a Registrable Design

Under Section 2(d) of the Designs Act, 2000, a design means only the features of shape, configuration, pattern, ornamentation, or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional form, by any industrial process or means. The design must be new or original, not previously published or used in India, and must be distinguishable from known designs. Importantly, a design does not include any mode or principle of construction, a trademark as defined in the Trade Marks Act 1999, any artistic work as defined in the Copyright Act 1957, or property marks.

Common examples of registrable designs include the shape of a mobile phone, the pattern on a textile, the ornamentation on a piece of furniture, the configuration of a consumer electronics device, and the visual design of packaging. Functional features that are dictated solely by the function the article performs are not registrable. (Related: How to File a Patent in India)

Step 1: Conduct a Design Search

Before filing an application, it is advisable to conduct a prior art search to determine whether the design is new and has not been previously registered or published. The Indian Patent Office maintains a searchable database of registered designs on its website (ipindia.gov.in). The search can be conducted by class (using the Locarno Classification system), keyword, or applicant name. A thorough prior art search reduces the risk of rejection during examination and potential invalidity challenges after registration.

Step 2: Classify the Design Under the Locarno Classification

India follows the Locarno Classification (International Classification for Industrial Designs) for classifying design applications. The classification has 32 classes covering different types of articles, from foodstuffs (Class 01) to graphic symbols and logos (Class 32). Each application must specify the class under which the design falls. For example, mobile phone designs fall under Class 14 (Recording, telecommunication, or data processing equipment), while textile patterns fall under Class 05 (Textile piecegoods, artificial and natural sheet material). Correct classification is essential for proper examination and enforcement.

Step 3: Prepare the Application

The application for registration of a design is filed in Form 1 under Rule 10 of the Designs Rules, 2001. The application must include: the name, address, and nationality of the applicant; the class of the article under the Locarno Classification; four sets of representations (drawings, photographs, or computer-generated images) of the design showing the article from different views (front, back, top, bottom, and both sides for three-dimensional designs); a brief statement of novelty indicating which features of the design are new; and the prescribed fee. If the applicant claims priority from an earlier foreign application under the Paris Convention, the priority document must be filed within three months.

Step 4: File the Application

The application can be filed online through the IP India e-filing portal (ipindiaonline.gov.in) or physically at the Patent Office in Kolkata (which also serves as the Designs Office). The filing fee for a natural person or small entity is Rs 1,000 per design, while for other applicants (companies, firms), it is Rs 4,000 per design. These fees apply per design per class. If the design is applied to articles in multiple classes, separate applications must be filed for each class. (See: How to Register a Trademark in India)

Step 5: Examination and Registration

The Controller of Designs examines the application to determine whether the design is new or original, whether it has been previously published, and whether it falls within the definition of a design under Section 2(d). Unlike patents, design registration does not involve a pre-grant opposition stage. If the examiner raises objections, the applicant is given an opportunity to respond or amend the application. If no objections arise or all objections are resolved, the design is registered and a certificate of registration is issued. The registration date is the date of filing of the application, not the date of certificate issuance. The typical processing time is three to six months from the date of filing.

Duration and Renewal of Design Registration

Under Section 11 of the Designs Act, design registration is initially valid for 10 years from the date of registration. It can be extended for a further period of 5 years by filing Form 3 and paying the prescribed renewal fee before the expiry of the initial 10-year term. The total maximum protection period is therefore 15 years. If the renewal fee is not paid within the prescribed time, the design ceases to be registered and falls into the public domain. There is a grace period of six months for late renewal with payment of a surcharge.

Rights Conferred by Registration

Under Section 22 of the Designs Act, registration gives the registered proprietor the exclusive right to apply the design to any article in the class in which it is registered. This means the proprietor can prevent others from manufacturing, selling, or importing articles bearing the registered design without authorisation. Infringement proceedings can be brought before a District Court. The court may grant injunctions, damages, or an account of profits. It is important to note that Section 22(3) requires the proprietor to mark the article with the registered design number and the word "Registered" or the abbreviation "Regd." to claim damages in infringement proceedings. (See also: Copyright Registration in India: Procedure and Benefits)

Cancellation of Registered Designs

Any person may apply to the Controller of Designs under Section 19 for cancellation of a registered design on the grounds that the design has been previously registered or published in India or elsewhere, that it is not new or original, that it does not constitute a design as defined under the Act, or that it is not registrable under Section 4 (designs contrary to public order or morality). The petition for cancellation can be filed at any time during the life of the registration. If the Controller cancels the design, the registration is treated as if it had never been granted. (Related: How to File a Trademark Opposition in India)