Overview of Design Registration

Various industrial designs are registered and protected in India through the Design Registration process. The entire procedure is governed by the Designs Act, 2000, and the corresponding Designs Rules, 2001.

A design refers to the unique features of shape, pattern, blueprint, ornamentation, or composition of lines or colors, applied to an article in two-dimensional or three-dimensional form. The design can be created through manual, mechanical, automated, or chemical processes, individually or in combination. The essential requirement is that the design should be visually distinguishable and appeal to the eye.

However, design registration does not cover:

• Any mechanical device or functional aspect of an article.
• Any registered trademark as defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958.
• Any property mark or artistic work as per Section 2(c) of the Copyright Act, 1957.
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Purpose of Design Registration

The primary objective of obtaining design registration under the Designs Act is to protect a novel or innovative design applied to an article through an industrial process.

Consumer buying behavior is often influenced not just by the product’s quality but also by its aesthetic appeal—for example, mobile phones, eyewear, or automobiles.

Design registration ensures that the creator, designer, or manufacturer of a unique design receives proper recognition and protection. This prevents unauthorized copying or misuse by others who might attempt to replicate the design for commercial gain.

Why is Design Registration Necessary?

A unique industrial design represents new and innovative features of a product, which can be identified through its distinct shape, pattern, ornamentation, or color combination. A well-crafted design enhances the visual appeal of a product and significantly influences consumer perception in the market.

Key Reasons for Design Registration

 Legal Protection – It provides strong legal protection against unauthorized imitation, ensuring the exclusive rights of the owner.

 Encourages Creativity & Originality – Design registration promotes innovation and original artistic expression.

 Compliance with International Laws – It is a mandatory requirement for companies in WTO member nations that have signed the TRIPs (Trade-Related Aspects of Intellectual Property Rights) Agreement.

Applicable Laws for Design Registration

The registration and protection of industrial designs in India are governed by:

• The Designs Act, 2000 and Designs Rules, 2001 (effective from May 11, 2001), replacing the earlier Designs Act of 1911.
• Designs (Amendment) Rules, 2008 and Designs (Amendment) Rules, 2014, which introduced further modifications.

Benefits of Design Registration

1. Legal Protection Against Imitation

A registered design prevents unauthorized copying, reproduction, sale, or distribution of a product that bears a similar design to the original.

2. Extended Validity

• Initial validity: 10 years from the date of registration.
• Renewable: Can be extended for an additional 5 years.
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3. Competitive Edge (Unique Selling Proposition - USP)

A registered design grants a business exclusive rights, ensuring brand differentiation from competitors.

4. Protects Creativity & Innovation

Registered designs are unique worldwide, meaning they:

• Have not been published in any WTO member nation.
• Have not been used in India before the date of registration.
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5. Enhances Consumer Appeal

A unique and aesthetically appealing design can influence customer preferences, as the visual appeal plays a crucial role in purchase decisions.

6. Encourages Innovation & Healthy Competition

Since uniqueness is a key requirement for design registration, businesses are motivated to create distinctive and original designs, fostering innovation and healthy competition in the industry.

Types of Applications for Design Registration

There are two types of applications for Design Registration in India:

1. Ordinary Application

An Ordinary Application does not claim priority from any previously filed application.

2. Reciprocity Application

A Reciprocity Application claims priority from an application previously filed in a convention country. Such an application must be filed in India within six months from the date of filing in the convention country. This six-month period is non-extendable.

Where to Submit the Application?

The application for Design Registration must be addressed to:

The Controller of Designs
The Patent Office
CP-2, Sector-V, Salt Lake, Kolkata – 700091

Key Points to Remember While Filing a Design Registration Application

Accurate Filing is Crucial – A properly filled application form and well-prepared representation ensure efficient processing. Around 90% of applications face formal objections due to incorrect filing, not due to originality issues.

Avoid Delays Due to Objections – Extensions requested by agents or legal practitioners add 4-5 months to the process. Hence, it is advisable to prepare documents carefully to minimize delays.

Faster Registration Process – The Designs Wing of the Patent Office aims to grant registration within one month for properly filed applications (since April 2011).

Complete Process for Design Registration

1. Examination Stage

Once an application is filed, the Controller of Designs refers it to an Examiner of Designs to check:

• Formal compliance with required documents.
• Whether the design applied to an article is registrable under the Designs Act, 2000 and Designs Rules, 2001.
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2. Formality Check

The Examiner verifies whether:

• The application follows the prescribed format.
• The prescribed fee has been paid.
• The applicant’s details (name, address, nationality) are correctly mentioned.
• Address for service is provided.
• Declaration of proprietorship is given.
• The representation sheet follows Rule 14.
• Power of Attorney (if applicable) is filed.
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3. Substantive Examination

The design undergoes further scrutiny to determine if it is:

• A desirable design under the Act.
• New and original.
• Not prejudicial to public order or morality.
• Not harmful to India's security.
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4. Consideration of Examiner's Report

The Controller reviews the Examiner’s report and takes the following actions:
 If no objections are found, the design is registered immediately, and a certificate of registration is issued.
 If objections are raised, a statement of objections is sent to the applicant.
Applicant’s Response Deadline:

• The applicant must address the objections or request a hearing within three months.
• If the applicant fails to comply, the application is deemed withdrawn.
• The objection removal period cannot exceed six months (extendable by three additional months with Form-18).

 If all requirements are met, the design registration is granted.

5. Design Registration & Publication

Once registered, the design is published in the Patent Office Journal within one month.

• The registration number remains the same as the application number.
• The date of registration for an ordinary application is the date of filing.

6. Register of Designs

• All registered designs are recorded in the Register of Designs, maintained at the Patent Office, Kolkata.
• The register is publicly accessible for inspection.
• An e-register is also available on the Indian Patent Office (IPO) official portal.

Documents Required for Design Registration Application

1. Form 1 – Must be in the prescribed format as per Schedule II of the Designs Rules.
2. Representations – Should be prepared as prescribed under Rules 12, 13, and 14 of the Designs Rules and must be submitted in duplicate.
3. Form 21 – Power of Authority/General Power of Authority (GPA) in original, if filed through a patent agent or advocate, as per Schedule II.
   • If submitting a copy of the General Power of Authority, it must be endorsed with the design application number of the original GPA.
4. Form 24 – Required if claiming small entity status (as per Schedule II).
   • Indian entities must submit evidence of registration under the MSME Act, 2006.
   • Foreign entities must provide an affidavit by the applicant or authorized signatory under Rule 42 of the Designs Rules.
5. Priority Document – Original priority document under Rule 15 of the Designs Rules.
6. Translation of Priority Document – If the original priority document is in a language other than English, an authenticated English translation is required.
7. Assignment Document – If the applicant in India is different from the applicant in the convention country, an original assignment document must be submitted.
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Explanation of Key Documents

1. Design Application

• Must be filed using Form 1 with the prescribed fee.
• Must include applicant details, nationality, article name, class number, and an address for service in India.
• Foreign applicants must provide an Indian address for service, typically the address of their agent in India.
• The class of the article must be correctly mentioned, as per the Third Schedule of the Designs Rules, 2001 (based on Locarno Classification).
• If the applicant has already registered the design in another class, the registration number must be provided.
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2. Representation of Design

• Two copies of the design representation must be submitted.
• The representations should comply with the specific requirements outlined in Rule 12, 13, and 14.
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3. Power of Attorney

• If filing through a patent agent or legal practitioner, a Power of Authority must be submitted.
• A General Power of Attorney is also acceptable.
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4. Priority Document

• Required for reciprocity applications and must be a certified copy from the Convention Country.
• If the priority document is not filed with the initial application, it can be submitted later within an extended period of three months by filing Form 18 with the prescribed fee.

Government Fees for Design Registration

Validity of Design Registration

The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.

What do We Offer?

Our Package for the Design registration includes the following functions-

• Filing the Application
• Providing Report of Examination
• Controller Response
• Design Publishing
• Design Registration