A design registration protects how a product looks — its aesthetic appeal — and in India it is the quickest intellectual property right to obtain. Here is what the process involves from filing to registration, and how a registration can be undone.
Filing
Protection for the aesthetic appeal of a product is obtained by registering a design with the Designs Office, by filing online or at one of the IP Offices in Mumbai, Chennai, Kolkata or New Delhi. After filing, all subsequent proceedings are conducted by the Designs Office in Kolkata.
Classification
The Indian Designs Office follows the Locarno Classification.
Since updated: when this was written, India worked to the 10th edition, sharing 31 classes with Locarno but replacing Class 32 — which internationally covers graphic symbols and logos — with a class for miscellaneous goods not falling elsewhere. The Designs (Amendment) Rules, 2021 formally adopted the current Locarno edition as published by WIPO, removing that divergence. Classify to the current edition rather than any older local list.
Convention priority
India is a signatory to the Paris Convention for the Protection of Industrial Property, so convention applications claiming priority may be filed. An applicant from a contracting state may file in India within six months of the earliest priority date.
A certified copy of the priority document is required. It may be submitted after the Indian filing date by requesting an extension, with a maximum of three extensions allowed.
Novelty
To be registrable, a design must be novel — it must not have been made public before the application is filed. If a product is to be displayed at an exhibition before filing, special permission must be sought first.
This is the requirement that most often defeats fashion, product and consumer-goods filings. Showing the design at a trade fair, posting it online, or offering it for sale before filing can destroy novelty. File before you launch.
Examination and timelines
A design application is examined within about two months of filing. Where objections are raised and not resolved by a formal reply within six months of communication, a hearing may be appointed.
Once objections are met or negated, the design is registered and published in the Patent Office Journal. The whole process typically takes eight to twelve months — the fastest of all the IP streams in India.
Term
A registered design is valid for ten years from the date of the application, extendable by a further five years. The registration cannot be extended more than once, so the maximum life is fifteen years.
That fixed ceiling is the key strategic point about designs. Unlike a trademark, a design right cannot be renewed indefinitely — which is why product shapes that continue to function as brand identifiers are often protected through trademark law as well, once they acquire distinctiveness.
Cancellation
A registered design can be rectified or cancelled on a petition by an interested party. Grounds include that the design was not novel, that it had been made available to the public before the filing date, or that it should not have been registered in the first place.
On forum: cancellation petitions are made to the Controller, with appeals now lying to the High Courts following the abolition of the IPAB in 2021. Infringement actions are brought before the Commercial Courts and the commercial divisions of the High Courts.
Housekeeping
Recording of assignments and changes of name, address and representative details is permitted by filing specific applications with the Designs Office.
The takeaways
- Fastest IP registration in India — typically eight to twelve months.
- Novelty is destroyed by prior disclosure — file before you launch or exhibit.
- Ten years plus five, and no more — the term cannot be extended twice.
- Classify to the current Locarno edition — the old local Class 32 divergence is gone.
Frequently asked questions
How long does a design registration last in India? Ten years from the date of application, extendable once by five years — a maximum of fifteen years.
How long does design registration take? Typically eight to twelve months, with examination usually within two months of filing — the fastest of India’s IP registration processes.
Can I register a design I’ve already shown publicly? Generally no — prior disclosure destroys novelty. Special permission must be sought before displaying a design at an exhibition.
On what grounds can a design registration be cancelled? That the design was not novel, that it was made available to the public before filing, or that it should not have been registered in the first place.