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Complete Guide to Design Registration in India: Process, Documents & Fees

Complete Guide to Design Registration in India: Process, Documents & Fees

Introduction

Design registration in India protects the unique visual features of a product, giving exclusive rights to the creator to prevent unauthorized copying or use. Under the Designs Act 2000, registering a design provides legal recognition and safeguards the ornamental or aesthetic aspects, not the functional features. This guide explains the entire process, required documents, and applicable fees to help innovators confidently register their designs in India.

What Is Eligible for Design Registration?

To register a design, it must be:

  • Novel and new — not previously published or registered in India or elsewhere.

  • Applied to a tangible article — designs on non-physical items or mere mechanical functions are not registrable.

  • Not contrary to public order, morality, or national security.

  • Visually appealing and significantly distinguishable from existing designs.

Step-by-Step Process of Design Registration

  1. Design Search (Optional but Recommended)
    Search, either through the Design Office or online, to check if similar designs have been registered. This helps avoid objections later.

  2. Preparation of Representation
    Prepare clear representations (drawings or photographs) of the design on A4-size durable paper, showcasing all views (front, back, sides).

  3. Classification
    Identify the correct class and subclass (based on the Locarno classification) that best fits the article to which the design applies.

  4. Filing the Application
    Apply the prescribed form (Form-1) to the Design Office in Kolkata, or branch offices in Delhi, Mumbai, or Chennai. The application must include:

    • Applicant’s name, address, nationality, and legal status.

    • Description of the article.

    • Representation of the design.

    • Statement of novelty and, if applicable, disclaimer.

    • Priority claim, if addressing prior filings in other countries.

  5. Formality Check and Examination
    The application undergoes formalities verification and substantive examination by the Controller of Designs to ensure eligibility.

  6. Objection Handling
    If there are objections or clarifications required, the applicant must respond promptly to avoid delays.

  7. Registration and Publication
    Once accepted, the design is registered and published in the Patent Office Journal with a registration number.

Documents Required for Registration

  • Application form duly filled and signed.

  • Representations of the design.

  • Statement of novelty.

  • Disclaimer (if applicable).

  • Proof of priority (if claiming priority from abroad).

  • Power of attorney (if filed through an agent).

  • Copy of startup registration certificate (if applicable).

  • Identity and address proofs of the applicant.

Fees for Design Registration

  • Official fee for registration of design application: Rs. 1,000 (individual/startup/ small entity: concessional fee).

  • Renewal fee after ten years: Rs. 2,000.

  • Additional fees may apply for priority claims, expedited processing, or legal representation costs.

Validity and Renewal

  • Registered designs are valid for 10 years from the date of application, extendable by 5 more years on payment of renewal fees.

  • The registered owner has exclusive rights to use, market, and license the design and can legally prevent unauthorized use.

Conclusion

Design registration in India is a vital step to protect an original product’s aesthetic appeal in the competitive market. By carefully following the outlined process, submitting accurate documents, and paying the prescribed fees, applicants can ensure smooth registration and secure exclusive design rights for up to 15 years.

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FAQs
Design registration is the legal process of protecting the visual appearance or aesthetic features of an article. This includes its shape, configuration, pattern, or ornamentation. It is governed by the Designs Act, 2000, and provides the owner with exclusive rights to use the design for a specific period.
For a design to be eligible, it must meet these criteria: <br> 1. Novelty and Originality: It must be new and not previously published or used in any country before the filing date. <br> 2. Visual Appeal: It must be primarily ornamental or aesthetic, not solely functional. <br> 3. Industrial Applicability: It must be capable of being applied to an article by an industrial process.
The legal process involves several key steps: <br> 1. Filing: An application is filed in Form-1 with the Indian Patent Office. <br> 2. Examination: The application is examined for novelty and originality, and a First Examination Report (FER) is issued if there are objections. <br> 3. Reply to Objections: The applicant must respond to the objections within six months. <br> 4. Registration: Once all objections are resolved, the design is registered, and a Certificate of Registration is issued.
The required documents include: <br> - Form-1 (the application form). <br> - Design Representations: High-quality drawings or photographs showing multiple views of the design. <br> - A Statement of Novelty and a disclaimer (if applicable). <br> - A Power of Attorney (if filed through an agent).
The government fees depend on the applicant's status: <br> - Natural Person: Rs.1,000 <br> - Small Entity/Startup: Rs.2,000 <br> - Other (Large Entity): Rs.4,000 <br> These are the fees for filing the application and do not include professional fees or renewal fees.
The protection for a registered design is initially valid for 10 years from the date of registration. It can be renewed for an additional five years by filing an application before the initial term expires.