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.

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?

  • Representation of the Design ( 4 copies on durable paper of size 210mm x 296.9 mm with a suitable margin)
  • A statement of novelty and disclaimer (if any)
  • Power of attorney (if necessary)
  • Priority documents (if any) in case of convention application
  • 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

Our Pricing

Registration - for Individual

Design Registration in personal Name

Rs. 6999

Registration - for MSME/Startup

Having MSME/ Startup India Registered or Small Entity

Rs. 8999

Registration - all other Entities

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

Rs. 11999

Restoration of Lapsed Design

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

Rs. 11999

Design Inspection

Inspection of Registered Design

Rs. 6999

Cancellation of Design - Individual

On petition for cancellation of design by Individual Applicant

Rs. 6999

Cancellation of Design - Small Entity

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

Rs. 11999

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

Design Registration- Objection Reply

Professional Reply drafting against Objection raised by Examiner of the department

Rs. 4130

Show Cause Hearing

Consultant shall appear before authority to represent your case.

Customise Fee

Legal Proceedings ( Appeal to HC)

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

Customise Fee

Essential requirements for Industrial Design Registration

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'

Life Cycle of Industrial Design Application

 

Industrial Design Application and Registration process

Design Registration in India | Industrial Product Design
FAQs
    • 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.
    • Yes. We do serve our clients PAN India from our Branch Offices and Associate Patent Professionals in Major Cities.
    • ‘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.
    • 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.
    • 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.
    • 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.
    • No. A registered design, the copyright of which has expired cannot be re-registered.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
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