Getting Your Design Registered in India

If you’re looking to register a design in India, the process is fairly straightforward. You’ll need to submit an application that includes details about the applicant and a drawing sheet showing the article from all sides. You’ll also need a Power of Attorney (POA) from the inventor or applicant. Make sure all documents are in English.

What Do You Need to File an Application?

To file your application for design registration in India, here’s what you’ll need:

• Applicant Information: Name, address, and nationality.
• Representation Sheet: Drawings that show the article from all angles.
• File Format: Drawings should be in PDF or JPG format.
• Power of Attorney: Signed by the applicant.

Important Deadlines

If you’re claiming priority from an earlier application, you must file within six months of the earliest priority date. Missing this deadline will mean your application is treated as new.

What Exactly is Design Registration?

In India, design registration protects the unique visual features of an article—its shape, configuration, pattern, ornamentation, or color scheme—that make it stand out. To qualify, the design must be new or original and not previously published or used anywhere in the world before your application date.

Key Requirements for Design Registration

• The design must be new and original.
• It should have distinct features that can be applied to an article.
• It must be industrial—capable of being produced by an industrial process.
• The design should be visually appealing—something that catches the eye.
• It should be significantly different from any existing designs.

Why Register a Design?

Design registration in India aims to protect the creative effort of the designer. Often, the look of an article influences a buyer’s decision. Registering your design ensures that you, the designer, are rewarded for your creativity and effort.

When Will You Get Your Registration Certificate?

Once your design application is approved, you’ll receive a registration certificate. This usually takes around nine months. If you need a certified copy for legal proceedings, you’ll have to request it separately.

What is the Register of Designs?

The Register of Designs is maintained by The Patent Office in Kolkata. It includes details like the design number, filing date, class number, and the name and address of the proprietor. This register is open to the public, and you can obtain an extract for a fee.

What Does Design Registration Do?

Registering a design gives you the exclusive right—called “Copyright”—to apply that design to your product in the class for which it’s registered.

When is the Date of Design Registration?

The registration date is usually the date you filed your application. However, if you’re claiming priority from an earlier filing in another country, that earlier date becomes your registration date.

Can You Re-Register an Expired Design?

No, once the copyright on a registered design expires, it cannot be re-registered.

How to Check if a Design is Still Registered?

You can find out if a design is still registered by contacting the Patent Office in Kolkata. If you know the design’s serial number, use Form 6; otherwise, use Form 7. There’s a fee for this service.

Do You Need to Mark the Article with the Design Number?

Yes, marking the article with the registered design number is beneficial. It helps in legal proceedings for damages if someone infringes your design rights. Without proper marking, you might not be able to claim damages unless you can prove that the infringer was aware of your design.

Do You Need to Produce the Article Before Applying?

No, you don’t need to produce the article before applying for design registration. You just need the concept or design idea that can be applied to an article, like a new shape for a pen.

Why File for Design Registration Early?

India follows a first-to-file rule. This means that if two or more people file for the same or similar design, the one who filed first gets the registration.

Can You Reapply for the Same Design if Your First Application Was Abandoned?

Yes, you can reapply for the same design if your initial application was abandoned, as long as it wasn’t published by the Patent Office and you haven’t published it yourself.

How to Get Information About a Registered Design?

Once a design is registered, the key views of the article and other details are published in the official gazette.

Can You Transfer Ownership of a Design?

Yes, you can transfer ownership through an assignment, agreement, or by law. You’ll need to file an application with the Controller of Designs and pay a fee.

What is Priority Claiming in Design Registration?

If you’ve filed a design in another country, you can claim priority in India within six months. This means your Indian application will be treated as if it was filed on the same day as your first application.

Can You Change the Proprietor’s Name or Address?

Yes, you can update the name or address in the Register of Designs, as long as it’s not a change of ownership.

Are Registered Designs Open for Public Inspection?

Yes, once published in the official gazette, registered designs are open for public inspection. You can view them by paying a fee.

How Does Design Registration Protect You?

Once registered, you have the legal right to take action against anyone who infringes your design in a court of law. Without registration, you have no legal protection under the Designs Act, 2000.

What Isn’t Covered by Design Registration?

Artistic works defined under the Copyright Act, 1957, like paintings, sculptures, or photographs, are not covered by design registration.

What is the Classification of Goods?

The classification of goods for design registration is based on the Locarno Agreement. Each design is categorized under a specific class, which is important when you file your application.

What is a Property Mark?

A property mark is used to indicate ownership of movable property. For example, marks used by Indian Railways on their goods help identify the owner.