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Design Registration in India | Industrial Product Design

Registration and Protection of Industrial Product Design in India

  • Valid for 10 years, Extendable further 5 years.
  • Application filing in 2 days, Registration takes approx 3-6 months by Authority
  • Our Pricing starts @ Rs 6,999/-

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Design Registration in India | Industrial Product Design

Industrial Design Registration at a glance

The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.

A Design refers to the features of shape, configuration,pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is a mere mechanical device. It also does not include any trade mark or any artistic work.

Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.

Send your Requirement here

Benefits of Industrial Design Registration?

Exclusive Right on the Design
By Registering the Design with Authority, applicant Obtain exclusive rights to a product with a particular appearance which may result in a substantial return on the investment because it will allow you to prevent others from reproducing a popular design.
Valuable Business Asset
An industrial design registration may be a valuable business asset. The success of a product is usually influenced by its appearance; in an aesthetic-driven consumer base, the looks of a product also plays an important part to attract consumers towards the product to buy.
Right to claim damage
If your industrial design is infringed upon, you may bring your case to court and be awarded damages for the lost sales you have incurred as a result of the infringement of your design registration. This allows you to focus on establishing products on the basis of superior industrial design without worrying about knock-offs from competitors who can produce items cheaper or who can scale their manufacturing quicker.
License or sell
Owner can license or sell his design as legal property for a consideration or royalty.

Documents Requirements for Industrial Design Registration?

  1. Representation of the Design ( 4 copies on durable paper of size 210mm x 296.9 mm with a suitable margin)
  2. A statement of novelty and disclaimer (if any)
  3. Power of attorney (if necessary)
  4. Priority documents (if any) in case of convention application
  5. Applicant's Details

List of Classes for Industrial Design Registration in India

  1. Class 1:- Foodstuffs.
  2. Class 2:- Articles of clothing and haberdashery.
  3. Class 3:- Travel goods. cases. parasols and personal belongings, not elsewhere specified.
  4. Class 4:- Brush ware.
  5. Class 5:- Textile p1ece goods, artificial and natural sheet material.
  6. Class 6:- Furnishing
  7. Class 7:- Household goods, not elsewhere specified.
  8. Class 8:- Tools & hardware.
  9. Class 9:- Packages and containers for the transport or handling of goods.
  10. Class 10:- Clocks and watches and other measuring instruments, checking and signalling instruments.
  11. Class 11:- Articles of adornment.
  12. Class 12:- Means of transport or hoisting.
  13. Class 13:- Equipment for production, distribution or transformation of electricity.
  14. Class 14:- Recording, communication or information retrieval equipment.
  15. Class 15:- Machines, not elsewhere specified.
  16. Class 16:- Photographic cinematographic and optical apparatus.
  17. Class 17:- Musical instruments.
  18. Class 18:- Printing and office machinery.
  19. Class 19:- Stationery and office equipment, artists' and teaching materials.
  20. Class 20:- Sales and advertising equipment.
  21. Class 21:- Games, toys, tents and sports goods.
  22. Class 22:- Arms, pyrotechnic articles, articles for hunting, fishing and pest killing.
  23. Class 23:- Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel.
  24. Class 24:- Medical and laboratory equipment.
  25. Class 25:- Building units and construction elements.
  26. Class 26:- Lighting apparatus.
  27. Class 27:- Tobacco and smokers' suppliers.
  28. Class 28:- Pharmaceutical and cosmetic products, toilet and apparatus.
  29. Class 29:- Devices and equipment against fire hazards for accident prevention and for rescue.
  30. Class 30:- Articles for the care and handling of animals.
  31. Class 31:- Machines and appliances for preparing food or drink not elsewhere specified
  32. Class 99:- Miscellaneous
... Read More ...

Our Pricing

1
Registration - for Individual

Design Registration in personal Name

Rs. 6999

2
Registration - for MSME/Startup

Having MSME/ Startup India Registered or Small Entity

Rs. 8999

3
Registration - all other Entities

Companies/Firm/LLP etc not MSME or having startup india registration

Rs. 11999

4
Restoration of Lapsed Design

application for restoration of lapsed design under section 12(2).

Rs. 11999

5
Design Inspection

Inspection of Registered Design

Rs. 6999

6
Cancellation of Design - Individual

On petition for cancellation of design by Individual Applicant

Rs. 6999

7
Cancellation of Design - Small Entity

On petition for cancellation of design by Small Entity/MSME/ Startup

Rs. 11999

8
Cancellation of Design - Small Entity

On petition for cancellation of design by Companies/Firm/LLP etc not MSME or having startup india registration

Rs. 12999

9
Design Registration- Objection Reply

Professional Reply drafting against Objection raised by Examiner of the department

Rs. 4130

10
Show Cause Hearing

Consultant shall appear before authority to represent your case.

Customise Fee

11
Legal Proceedings ( Appeal to HC)

Legal Proceedings - Appeal to High Court against refusal order of Authority

Customise Fee

Essential requirements for Industrial Design Registration

  • The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
  • The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
  • The design should be applied or applicable to any article by any industrial process.
  • The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant.
  • Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.
  • The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

Industrial Design Registration Process in India

Disclosure of Invention to Professional
This is first step to start processing your design registration. Need to hire a Professional for this purpose to avoid any mistake in application process. Here need to disclose the Design to professional.
Design Registration in India | Industrial Product Design
Design Inspection
A Design Search or Inspection generally conducted by Applicant to find out whether any similar registration already exists. Application for Inspection is filed with Registrar by paying Govt. Fees.
THIS IS OPTIONAL FOR APPLICANT.
Hire a Professional for this service is recommended.
Design Registration in India | Industrial Product Design
Drafting Application
Registration process starts here. Drafting of Application in prescribed form is a specialised job. With the help of Consultant get prepared application, Representation of Design, Statement Novelty and Disclaimer and Power of attorney.
Design Registration in India | Industrial Product Design
Application Filing
Once your application drafting is completed and checked properly, next step is to file the design application in prescribed manner. That is in the appropriate forms along with Govt. fees. Govt. Fees varies based of type of applicant.
Design Registration in India | Industrial Product Design
Post Application Process
If there are no objections, the design will be registered.
In case of OBJECTION RAISED:-
then the applicant is required to comply within 6 months from the date of filing of the application.
Abandonment :- If the applicant fails to respond to the objections or does not comply with the objections raised within the time limit, then the design shall be deemed to have been abandoned.
Hearing: - In case the applicant contests the objections, and the Controller is not yet satisfied, then a Personal Hearing is called within 1-2 months, based on that result is determined. The applicant can appeal to the High Court if not satisfied by the outcome of the hearing.
Design Registration in India | Industrial Product Design
Registration
Once the applicant fulfills all the formalities and requirements, design is published in the Official Journal, which is published every Friday.
The design is then entered in the Register and a certificate of registration is issued to the applicant.
With Objection, Entire Process Typically takes 8-12 months.
Without Objection, normally takes 3-6 months.

Our Package Inclusion in Industrial Design Registration Service?

Consultation
Our Professional give on call consultation to client first to make him clear about the process of registration with Authority and documents requirement and pricing.
Design Inspection
Our professional first searches the similar design registration if already exist. This is also termed as Novelty Search and this search would cost extra for applicant towards Govt. Fees and professional Fees. But it saves Time, Application Filing fees and all Legal Proceedings expenses, which applicant incurred if apply for his Design similar to Other and lateron rejected by controller.
THIS IS OPTIONAL FOR APPLICANT.
Hire a Professional for this service is recommended.
Drafting Application
Professional prepare your application and co-ordinate with you for all relevant documents, representation of design, Statement of novelty and disclaimer, etc.
Filing of Application
Once your application drafting is completed and checked properly, Our Professional file your application along with payment of Govt. fees.
Status Update
We Track the application status and update Client time to time.
Registration Certificate
Once authority accepts the Application and all formalities completed by authority and applicant, Registration Certificate Issued.

What is not Eligible for Industrial Design Registration in India

Designs that are primarily literary or artistic character are not protected under the Designs Act. These will include : 

  • books, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
  • labels, tokens, cards, cartoons.
  • any principle or mode of construction of an article.
  • mere mechanical contrivance.
  • buildings and structures.
  • parts of articles not manufactured and sold separately.
  • variations commonly used in the trade.
  • mere workshop alterations of components of an assembly.
  • mere change in size of article.
  • flags, emblems or signs of any country.
  • layout designs of integrated circuits.

How to Prepare 'Representation Sheet of the Design'

A representation sheet of an article is an important document required to be filed alongwith the application for registration.

  • The representation sheet of an article needs to be prepared diligently and shall be filed along with the application. The Designs Rules require that four copies of the representation shall be filed along with the application. However, as the records are digitised and processed electronically, two copies of the representation will suffice.
  • Representation means the exact representation of the article for which registration is sought. A representation may contain more than one page.
  • Representation shall be exactly similar drawings, photographs, and tracings including computer graphics or specimens of the design. The Controller may require a specimen of the article to be submitted at the time of examination, in rare cases.
  • Photographs should be pasted on the representation sheets with the help of adhesive and not by other means like stapler, pin and cello tape. While using photographs in representation sheets, one of the copies of representation sheet shall not be covered by cellophane or tracing paper so as to enable digitisation.
  • Representation shall be prepared on white A4 size paper (210 mm X 296.9 mm) of durable quality, but not on card board, and only on one side of the paper.
  • The figure(s) shall be placed in an upright position on the sheet. Each figure shall be designated clearly (e.g. perspective view, front view, side view). If design is to be applied to a set, the representation shall depict various arrangements in which the design is to be applied to articles in the set.
  • Where an application is for a design as applied to a set, whether the given articles constitute a set or not, shall be determined by the Controller.
  • In case, name or representation of living persons appear on a design, consent of such persons may be submitted along with the application. In case of a deceased person, the consent of legal representative may be submitted. It may be noted that non submission of such consent may result in office  objections and resultant delay in registration. In case, the representation contains the image or name of an imaginary person, such fact may be mentioned in the declaration on the representation sheet.
  • A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet.
  • Representation, which consists of a repeating surface pattern, shall show the complete pattern, and a sufficient portion of the repeating pattern in length and width, and shall not be less than 15.00 centimeters by 10.00 centimeters in size.
  • The name of applicant shall be mentioned in left hand top corner of the representation sheet.
  • Total number of sheets and sheet number shall be mentioned in the right hand top corner of the representation sheet in Arabic numerals. .
  • The representation sheet shall be signed and dated by the applicant/agent.
  • No descriptive matter or matter denoting the components by reference letters/numerals shall be included.
  • No sectional views shall be incorporated in the representation sheet.
  • Dimensions or engineering symbols etc. shall not be used in the representation sheet.  The representation is not to be regarded as engineering drawing of the article. The relevant parameter is the shape and not the size of the article.
  • Where Trade Marks, words, letters or numerals are not the essence of the design, they shall be removed from the representations or specimens. Where they are essence of the design, a disclaimer shall be given in the representation sheet disclaiming any right to their exclusive use.
  • No extraneous matter or background shall appear in the representation sheet. A background is considered neutral as long as the design is clearly visible in it.
  • When colour combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation.

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sample copy of Industrial Design Representation Sheet under Design Registration in India

 

specimen of representation sheet Design Registration in India

Life Cycle of Industrial Design Application

 

Industrial Design Application and Registration process

Design Registration in India | Industrial Product Design
FAQs
  • Why do you need FinTax Corporate Professional's service ?
    • Our Professionals are possess deep exposure in Industrial Design registration, Representation in Personal hearing and Legal proceedings like filing appeal to High court experience can remarkably add value to patent application.
      FinTax Patent Professional is the right choice to get your Design registration success.
  • Is FinTax Industrial Design Professional works in all State for Patent Registration?
    • Yes. We do serve our clients PAN India from our Branch Offices and Associate Patent Professionals in Major Cities.
  • What is meant by ‘Design’ under the Designs Act, 2000?
    • ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
  • Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design?
    • No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.
  • What is the Validity of the registration of a design? Can it be extended?
    • 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 is the effect of registration of design?
    • The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.
  • Is it possible to re-register a design in respect of which Copyright has expired?
    • No. A registered design, the copyright of which has expired cannot be re-registered.
  • How one can ascertain whether registration subsists in respect of any design?
    • For ascertaining whether registration subsists in respect of a design, a request should be made to the Patent Office. If the Design number is known, the request should be made on Form 6, otherwise on Form 7, together with prescribed fees. Each such request should be confined to information in respect of a single design.
  • What is piracy of a Design?
    • Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with knowledge of the unauthorised application of the design to them also involves piracy of the design.
  • What is the penalty for the piracy of a registered Design?
    • If anyone contravenes the copyright in a design he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/-as contract debt as stated in Section 22(2)(a). The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.
  • Is marking of an article compulsory in the cases of article to which a registered design has been applied?
    • Yes, it would be always advantageous to the registered proprietors to mark the article so as to indicate the number of the registered design except in the case of Textile designs. Otherwise, the registered proprietor would not be entitled to claim damages from any infringer unless the registered proprietor establishes that the registered proprietor took all proper steps to ensure the marking of the article, or unless the registered proprietor show that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.
  • Can the Registration of a Design be cancelled? How?
    • The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with prescribed fee to the Controller of Designs on the following grounds:

      >That the design has been previously registered in India or
      >That it has been published in India or elsewhere prior to date of registration or
      >The design is not new or original or
      >Design is not registrable or
      >It is not a design under Clause (d) of Section 2.
  • Is it mandatory to make the article by industrial process or means before making an application for registration of design?
    • No, design means a conception or suggestion or idea of a shape or pattern which can be applied to an article or capable to be applied by industrial process or means. Example- a new shape which can be applied to a pen thus capable of producing a new appearance of a pen on the visual appearance. It is not mandatory to produce the article first and then make an application.
  • Why is it important for filing the application for registration of design at the earliest possible?
    • First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.
  • Can the same applicant make an application for the same design again, if the prior application has been abandoned ?
    • Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.
  • How to get information on registration of design?
    • After registration of designs the best view of the article along with other bibliographic data will be notified in the Official Journal of The Patent Office, which is being published on every Friday.
  • Whether it is possible to transfer the right of ownership?
    • Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law. However, certain restrictive conditions not being the subject matter of protection relating to registration of design should not be included in the terms and condition of the contract/agreement etc. An application in form-10, with prescribed fees in respect of one design and appropriate fees for each additional design, for registration of the transfer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. An original/notarised copy of the instrument to be registered is required to be enclosed with the application.
  • What is meant by priority claim?
    • India is one of the countries party to the Paris Convention so the provisions for the right of priority are applicable. On the basis of a regular first application filed in one of the contracting state, the applicant may within the six months apply for protection in other contracting states, latter application will be regarded as if it had been filed on the same day as the first application.
  • How it is possible to restore the lapsed design due to non-payment of extension fee within prescribed time?
    • A registration of design will cease to be effective on non-payment of extension fee for further term of five years if the same is not paid before the expiry of original period of 10 years. However, lapsed designs may be restored provided the following conditions are satisfied:

      > Application for restoration in Form-4 with prescribed fees is filed within one year from the date of lapse stating the ground for such non-payment of extension fee with sufficient reasons.
      > If the application for restoration is allowed the proprietor is required to pay the prescribed extension fee and requisite additional fee and finally the lapsed registration is restored.
  • Can the name, address of proprietor or address for service be altered in the register of design?
    • Name and address of the registered proprietor, or address for service can be altered in the register of designs provided this alteration is not made by way of change of ownership through conveyance i.e. deed of assignment, transmission, licence agreement or by any operation of law. Application in form-22 with prescribed fee of should be filed to the Controller of Designs with all necessary documents in support of the application as required.
  • Are the registered designs open for public inspection?
    • Yes, registered designs are open for public inspection only after publication in the official journal on payment of prescribed fee on a request in Form-5.
  • How does a registration of design stop other people from exploiting?
    • Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court in order to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000.

      The Patent Office does not become involved with any issue relating to enforcement of right accrued by registration. Similarly The Patent Office does not involve itself with any issue relating to exploitation or commercialisation of the registered design.
  • What are the important criteria for determining a "set of article"?
    • If a group of articles meets the following requirements then that group of articles may be regarded as a set of articles under the Designs Act, 2000:

      > Ordinarily on sale or intended to be used together.
      > All having common design even though articles are different (same class).
      > Same general character.

      Generally, an article having the same design and sold in different sizes is not considered as a set of articles. Practical example: "Tea set", "Pen set", "Knife set" etc.
  • What is an artistic work which is not subject matter of registration?
    • An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows:

      "Artistic works" means: -

      > A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
      > An work of architecture and
      > Any other work of artistic craftsmanship.
... Read More FAQs ...
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