A design registration is national. A registration in Europe or the United States gives no rights in India, and an Indian registration gives none abroad. Because India has not joined the international registration system for designs, there is no single filing that covers India together with other countries: the design is filed here directly, within a six-month window that is easy to miss.
Quick reference
| Hague system | India is not a member; no international registration designating India |
| Route into India | Direct national application through an Indian agent |
| Priority | Six months from the first filing in a convention country |
| Priority document | Certified copy, filed with the application or within three months, extendable |
| Foreign filing permission | Not required for designs — that rule applies to patents only |
| Route out of India | Direct filings country by country; Hague only through an establishment in a member country |
Coming into India
Direct filing. A foreign applicant files a national application at the Designs Office through an agent with an address for service in India. The application, representations and classification follow Indian requirements, which differ in detail from other offices — the number and style of views, the statement of novelty, the disclaimer of words and marks, and the one-design-one-class rule.
Convention priority. An applicant who has filed in a Paris Convention or WTO country can claim that filing date in India by filing within six months. The Indian registration then dates from the foreign filing, so disclosures made after the foreign filing — a launch, a trade show — do not destroy novelty in India. A certified copy of the priority application is filed with the Indian application or within three months, which can be extended on request.
Miss the six months and the design is usually gone. Unlike patents, there is no PCT-style deferral. If the product was published after the foreign filing and the Indian application arrives in month seven, the publication is prior art and the application fails. Foreign applicants that treat India as an afterthought lose designs here for exactly this reason.
Reformatting. A set of representations prepared for the EUIPO or the USPTO rarely passes Indian examination unchanged. Shaded or coloured drawings, multiple embodiments in one filing, dimensional annotations and “broken line” conventions all draw objections. Allow time before the priority deadline to prepare an Indian set.
What a foreign applicant needs
- The representations, prepared to Indian requirements
- The article name and Locarno class
- A power of attorney in favour of the Indian agent — no notarisation or legalisation
- The priority details and, in due course, the certified copy
- Evidence of startup or small-entity status, if the reduced fee is claimed on the equivalent foreign test
There is no requirement to have a local presence, and no foreign filing permission is needed for designs — that rule applies to patent applications by Indian residents, not to designs.
Going out from India
An Indian designer or company wanting protection abroad has the same problem in reverse. India’s non-membership of the Hague system means an Indian applicant cannot use Hague on the basis of Indian nationality or an Indian establishment. An Indian company with a real and effective industrial or commercial establishment in a Hague member country — a European subsidiary, say — can file through that establishment.
Otherwise the route is direct national or regional filings, claiming priority from the Indian application within six months: an EU registered Community design for the European Union, a design patent in the United States, national filings in the United Kingdom, China, Japan and elsewhere. Each has its own requirements and its own examination — the United States examines for novelty and obviousness, the European Union does not.
Two timing points. Priority runs from the Indian filing date, so file in India first, then decide. And the Indian application is not published until registered, which in practice means a competitor abroad will not see it early; but the Indian launch is publication everywhere, and it starts the grace periods that some foreign systems allow and India does not.
Sequencing a launch
For a design-led product going to several markets, the sequence that works is: file in India before any disclosure; use the six months to prepare and file abroad; launch after the foreign filings are in, or at least after the priority filings that matter. Reversing the order — launch, then file where the product sells — works only in countries with a grace period, and India is not one of them.
Frequently asked questions
Is India a member of the Hague Agreement for designs? No. An international design registration cannot designate India, and a design is protected here only by a direct national application.
Can a foreign company register a design in India? Yes, by filing a national application through an agent with an address for service in India. No local presence is required, and a power of attorney needs no notarisation.
How long do I have to claim priority for a design in India? Six months from the first filing in a convention country. There is no extension, and a design published after the foreign filing cannot be registered in India once the six months have passed.
Do foreign applicants need a foreign filing licence for designs in India? No. The permission requirement applies to patent applications by Indian residents. It does not apply to designs, for foreign or Indian applicants.
How can an Indian company protect a design abroad? By direct filings in each country or region, claiming priority from the Indian application within six months. Hague is available only through a real establishment in a member country, not on the basis of Indian nationality.
Will my foreign design drawings be accepted in India? Often not without reformatting. Indian examination objects to multiple embodiments in one application, dimensional or descriptive annotations, undisclaimed words and marks, and inconsistent views. Allow time to prepare an Indian set before the priority deadline.
Useful official resources
- IP India — designs — the Act, Rules and forms
- WIPO — Hague System — members and procedure for filings abroad
See our related notes on the design registration process and what can be registered as a design.
A foreign priority deadline approaching, or an Indian product heading to several markets? Talk to us.