Design Registration

What is Design Registration?

Design Registration protects the unique visual appearance of a product — including its shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article. It is governed by the Designs Act, 2000 and grants exclusive rights to the creator, preventing others from copying or imitating the registered design.

Unlike patents, which protect functionality, design registration focuses purely on the aesthetic appeal of a product. It ensures that the visual features of your product remain legally protected and helps businesses maintain uniqueness in a competitive market.

A registered design plays a crucial role in safeguarding a product’s distinct look, especially in industries where appearance influences customer choice—such as consumer products, packaging, fashion, electronics, and industrial articles. By registering a design, creators gain legal ownership and the authority to prevent unauthorized reproduction.

Design registration also enhances brand recognition and market reputation. It supports businesses in establishing originality and adds commercial value that can be leveraged for licensing, franchising, and contractual partnerships.

The process involves submitting detailed representations of the design, followed by examination from the Design Office. Once approved, the design is published in the official Designs Journal, and the owner receives full legal rights for 10 years, extendable for an additional 5 years.

Essential Requirements for Design Registration

Key conditions your design must meet under the Designs Act, 2000

Novelty & Originality

The design must be entirely new, not previously published, used, or sold anywhere in India or abroad. It should not resemble any known design or existing pattern already available publicly.

Aesthetic Visual Appeal

The design should focus on the visual appearance—its shape, pattern, ornamentation, or color composition. Functional or technical features are not eligible for design registration.

Industrial Applicability

The design must be capable of being applied to an article using an industrial or manufacturing process, ensuring consistent reproduction on products.

Non-Prohibited Content

The design should not include obscene, offensive, or illegal content. It must not violate public order, national security, or consist of mere mechanical devices or trademarks.

No Prior Disclosure

The design should not have been publicly revealed—through exhibitions, social media, advertisements, or sales—before filing the application for registration.

Types of Designs Available for Registration

Recognized design categories under Indian design law

2D Designs

Includes surface patterns, lines, colors, and ornamental artwork applied to an article.

3D Designs

Covers shapes, configurations, structures, and three-dimensional forms of an article.

Composite Designs

A blend of 2D and 3D visual elements forming a unique combined appearance.

Surface Ornamentation

Decoration applied to the surface of any product such as patterns or textures.

Industrial Product Designs

Packaging, containers, instruments, tools, appliances, and manufactured articles.

Why Is Design Registration Important?

Protect your product’s visual identity and strengthen your competitive edge.

Exclusive Legal Rights

Design registration grants you a legal monopoly over your product’s appearance, ensuring competitors cannot use, imitate, or reproduce a similar design without your permission.

Powerful Legal Protection

With a registered design, you gain the right to take legal action against infringers, stop counterfeit production, claim financial damages, and safeguard your business revenue.

Commercial & Asset Value

A registered design becomes a valuable intellectual property asset that can be sold, licensed, franchised, or used to generate royalty income—enhancing your company’s valuation.

Brand Identity & Market Advantage

Design registration strengthens your brand identity by ensuring your product stands out, helps customers recognize your offerings, and improves your overall market presence.

International Protection

Registered designs can be extended internationally through treaties like the Hague Agreement, allowing you to secure global protection and expand your market reach.

The Risk of Not Registering Your Design

Without registration, your design enters the public domain. This means anyone—including your competitors— can legally copy, reproduce, or commercially exploit your design. This can reduce your market share, dilute your brand identity, and allow others to profit from your creativity and innovation.

Characteristics of Design Registration in India

Safeguard your innovative product appearance with strong legal protection.

Validity & Renewal

Protection lasts 10 years, extendable by another 5 years through renewal.

Scope of Protection

Covers aesthetic elements—shape, pattern, ornamentation—but not functional or mechanical aspects.

Territorial Limitation

Rights apply within India. International protection can be extended through the Hague Agreement.

Transfer & Licensing

Rights can be assigned or licensed through written agreements, recorded with the Design Office.

Benefits of Design Registration in India

Transform your product’s appearance into a legally protected business asset.

Legal Protection
Legal Protection & Enforcement

Gain exclusive rights to use your design across India and legally prevent others from making, selling, or importing similar products.

Registered designs provide a strong legal foundation to act against infringement and claim financial damages.

Commercial Value
Commercial Value & Monetisation

A registered design is a monetisable asset—sell it, license it for royalties, or leverage it in franchising and partnerships.

Strong design portfolios increase company valuation and attract investors.

Market Advantage
Marketplace Advantage & Brand Identity

Create a unique visual identity that sets your product apart and builds customer loyalty in competitive markets.

Registration boosts brand credibility and publicly reinforces authenticity.

Investor Confidence
Long-Term Security & Investor Confidence

A protected design portfolio lowers risk for investors and establishes a strong foundation for long-term business growth.

Companies can confidently invest in marketing and expansion with reduced imitation risk.

How Designs Differ from Other Intellectual Property Rights

Understand the key differences between various forms of intellectual property to choose the right protection for your creation.

Feature Design Patent Copyright Trademark
What It Protects Visual appearance, shape, pattern, and ornamental elements of a product. New inventions, technical solutions, processes, or improvements. Original artistic, literary, musical, dramatic, and creative works. Brand names, logos, symbols, taglines, and identifiers of goods/services.
Basic Requirements Must be new, original, and aesthetically appealing. Must be novel, involve an inventive step, and have industrial application. Must be original and created with minimal creativity. Must be distinctive and capable of identifying the source of goods/services.
Protection Duration 10 years initially, extendable to a total of 15 years. 20 years from the filing date (non-renewable). Author’s lifetime + 60 years. 10 years initially, renewable indefinitely upon continued use.
Registration Process Focused on novelty and originality of the design's appearance. Extensive examination including prior art search and technical review. Automatic upon creation; registration optional but recommended. Registration advised; common law rights arise from actual use.
Disclosure Requirements Requires clear visual representations of the design. Complete public disclosure of the invention’s details is mandatory. No public disclosure needed for protection. Requires proof or specimen showing commercial use.
Territorial Scope Protection applies only in the country of registration. Country-specific protection; separate filings required for other nations. Automatic protection in Berne Convention member countries. Country-specific; separate national registrations required.
Enforcement Options Legal action against copying or imitation of the design’s appearance. Action against unauthorized making, using, selling, or importing. Action against unauthorized reproduction or distribution. Action against identical or confusingly similar marks.
Best Suited For Fashion products, furniture, packaging, and industrial designs. Technological innovations, machinery, processes, pharmaceuticals. Books, software, films, music, photographs, artworks. Brand identity elements such as logos, slogans, and labels.
Transfer of Rights Assignment and licensing (exclusive or non-exclusive). Full or partial assignment and licensing agreements. Assignment and licensing to others. Assignment (with/without goodwill) and licensing.

Documents Required for Design Registration

Precise documentation helps the Design Office evaluate novelty and grant robust protection.

Basic Documents (All Applications)

These establish identity, ownership and payment — required for every filing.

  • • Completed Form-1 — Application for registration of design.
  • • Form-2 (Representation Sheet) — Clear visual representation of the design.
  • • Power of Attorney (Form-21) — If filing through an agent.
  • • Fee payment proof — Evidence of prescribed application fees paid.
  • • Applicant ID — Aadhaar / PAN / Passport copy.
  • • Address proof — For the applicant or company.
Design Representation

Accurate visual material is critical — the Design Office relies on representations to judge novelty.

  • • Four identical copies of the representation (as required).
  • • Multiple views — front, rear, side, top, perspective to show all features.
  • • High-quality drawings/photos showing details, finishes, textures, and ornamentation.
  • • Statement of novelty summarizing which features are new and distinctive.
Convention / Priority Filings

For claiming priority from a foreign filing or pursuing international protection:

  • • Priority document from the foreign office (certified copy).
  • • Certified translation (if not in English).
  • • Details of corresponding applications in other jurisdictions.
Additional / Case-specific Documents

Certain situations require supporting evidence. Expand each item to see examples.

Certificate of incorporation, registration documents, and authorized signatory proof.

No-objection certificates (NOCs) or written consents from all joint applicants/designers; agreement clarifying ownership shares.

Assignment deed or employment agreement clearly showing transfer of design rights to the employer.

Proof of right to apply — assignment agreements, transfer deeds, or sale contracts demonstrating legitimate ownership.

Source declaration, community consent (where applicable), and any supporting ethnographic documentation.

Need help assembling documents or preparing representations? We provide end-to-end support including drafting Form-1/Form-2, preparing representation sheets, and filing on your behalf.

Design Registration Process in India – Step-by-Step Guide

A clear and structured guide to help you understand and complete the design registration process in India.

Step 1: Design Search & Evaluation

Conduct a detailed search to ensure your design is novel and not previously registered. Evaluate its originality and visual uniqueness before filing.

Step 2: Prepare Design Documentation

Create clear visual representations of the design from multiple angles and draft a statement of novelty highlighting its unique features.

Step 3: Classify Your Design

Choose the correct category for your design under the Locarno Classification based on the type of article it applies to.

Step 4: File the Application

File online via the IP India portal or physically at the Design Office:

Intellectual Property Office Building
CP-2, Sector V, Salt Lake City
Kolkata – 700091, West Bengal

Step 5: Examination

The Design Office examines novelty, originality, and registrability. This stage typically takes 3–6 months.

Step 6: Respond to Examination Report

If any objections are raised, respond within the stipulated time (usually 3 months) to avoid rejection.

Step 7: Grant of Registration Certificate

Once approved, your design gets officially registered, a certificate is issued, and the design is published in the Design Journal for legal protection.

Design Registration Fees & Penalties

Registration Costs
  • Individuals: ₹1,000
  • Startups / Small Entities (SMEs): ₹2,000
  • Large Companies / Others: ₹4,000

(Professional/agent fees are additional.)

Penalties for Design Infringement
  • Monetary Penalty: Up to ₹25,000 per infringement (max ₹50,000).
  • Damages & Injunction: Courts may award damages and stop further use.
  • Jurisdiction: Cases must be filed in District Court or higher courts.

Design Registration Renewal, Cancellation & Restoration

Maintain and protect your exclusive design rights by renewing, restoring, or defending your design registration on time.

Design Registration Renewal

Extend your design protection for an additional 5 years (total 15 years) by renewing before the initial 10-year term expires.

  • Form Required: Form-3 (Extension Request)
  • Fees:
    • Individuals: ₹2,000
    • Small Entities: ₹4,000
    • Other Entities: ₹8,000
  • Consult an IP professional for updated fee schedules.

Restoration of Lapsed Design

If renewal is missed, the Designs Act allows restoration within one year of lapse, provided the delay was unintentional.

  • Form Required: Form-4 (Restoration Request)
  • Required: Reason explaining failure to renew
  • Fees:
    • Individuals: ₹1,000 + renewal fee
    • Small Entities: ₹2,000 + renewal fee
    • Other Entities: ₹4,000 + renewal fee
  • The Controller restores the design only if satisfied the lapse was unintentional.

Cancellation of a Registered Design

Any interested party can challenge a design at any time after registration if it does not meet legal requirements.

  • Who Can Apply: Any “person interested”
  • Form Required: Form-8 (Cancellation Petition)
  • Fees:
    • Individuals: ₹1,500
    • Small Entities: ₹3,000
    • Other Entities: ₹5,000
Grounds for Cancellation:
  • Previously registered in India
  • Published in India or abroad before registration
  • Not new or original
  • Not registrable under the Designs Act
  • Not a “design” under Section 2(d) (e.g., mechanical device)

After receiving a cancellation petition, the Controller notifies the design owner, accepts counter-statements, and decides whether to cancel or retain the registration.

Design Registration Certificate

Design Registration Certificate

This certificate is the official proof that your design is legally protected in India. It grants your creative work formal recognition under the Designs Act and provides you with exclusive rights to use your design commercially.

With this certificate, you can legally stop others from copying your work and use it for business partnerships or licensing deals. The certificate grants protection for an initial period of ten years, which can be extended for an additional five years.

It also officially establishes your design as a valuable intellectual property asset that can be sold or transferred, increasing its commercial value.