Design registration

Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in 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. Still, it does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trade mark or property mark (as defined in Section 479 of the Indian Penal Code) or artistic work (as defined in clause (c) of section 2 of the Copyright Act, 1957).

Where to apply

An application to register a design must be made to the Controller of Designs.

Kinds of Applications

Ordinary application: A normal application doesn’t make a claim of priority.

Application of reciprocity: A reciprocity application says that an application filed before in a convention country should be given priority. This kind of application must be sent to India within six months of the date it was sent to another country. This six-month time frame can’t be extended.

Step1: Application

Who can Apply

The applicant should be the designer, the person who bought the design, the person for whom the designer made the design or the person to whom the design was given.

The full name, address, nationality, name of the article, class number, and address for service in India must be written on application and  Foreign applicants must also give an address in India where they can be served. This could be the address of their Agent in India. If you are applying from outside India, you must give an address for service in India. The design won’t move forward with the application unless this address is given.

Representation of design

Two copies of the 3D representation need to furnish along with the application

Priority document

A copy of the design application that was filed in the Convention Country must be sent with a reciprocity application. This copy must be signed by the Chief or Head of the Organization where it was filed. If the priority document wasn’t submitted with the application, it can be submitted up to three months later. 

Step 2: Examination

The Controller of Designs sends the application to register a design to an Examiner of Designs so that they can check: a. if the application and documents meet the formal requirements, and if the design as it is used on an item is registrable, according to the Designs Act, 2000, and the Designs Rules, 2001. the examination is carried out to determine whether the design is under consideration for registration and if there is any objection from the registrar. The applicant needs to the full fill the objection as per the act and rule

Registration & publication

If the applicant meets all of the rules set out in the Act and Rules, which are communicated as a statement of objections, the application will be registered immediately.

For a free consultation on Copyright

Feel free to contact our office for Design protection and licencing at +91 9379 436201 or +91 9449 063003