Complete Guide to Design Registration in India
Understanding Design Registration
Design registration in India protects the visual appearance of articles, including their shape, configuration, pattern, ornament, or composition of lines or colors. Under the Designs Act, 2000, this protection grants exclusive rights for 10 years, extendable by another 5 years.
Design rights are territorial and protect only the aesthetic aspects of an article, not its functional features. Registration in India provides protection only within Indian territory.
What Qualifies for Design Registration?
Registrable Designs:
- Industrial patterns and shapes
- Packaging designs and layouts
- Textile patterns and prints
- Furniture designs
- Jewelry designs
- GUI and icon designs
Non-Registrable Designs:
- Purely functional features
- Traditional or cultural symbols
- Property marks or logos
- Mechanical contrivances
- Books and printed matter
Registration Process Timeline
1
Application Filing
Submit application with required documents and fees
2
Formal Examination
Review for compliance with formalities
3
Substantive Examination
Detailed review of novelty and originality
4
Registration
Certificate issuance and publication
Required Documentation
- Form 1: Application for Design Registration
- Form 2: Representation sheets showing various views
- Priority document (if claiming priority)
- Power of attorney (if filed through agent)
- High-quality photographs or drawings
- Statement of novelty
Cost Comparison
| Category | Natural Person | Small Entity | Large Entity |
|---|---|---|---|
| Application Filing | ₹1,000 | ₹2,000 | ₹4,000 |
| Extension | ₹2,000 | ₹4,000 | ₹8,000 |
| Priority Claim | ₹1,000 | ₹2,000 | ₹4,000 |
Post-Registration Obligations
- Maintain proper records of design usage
- Mark products with design registration number
- Monitor market for potential infringements
- Renew registration after 10 years if needed
Regular monitoring and enforcement of design rights is crucial for maintaining their value and preventing unauthorized use.
