Frequently Asked Questions (FAQs)

Design protection in India applies to the shape, configuration, pattern, ornamentation, or composition of lines or colors applied to any article, whether in two-dimensional, three-dimensional, or both forms.

If specific colors are to be protected, separate applications must be filed for each color combination of the design. If color is not a feature of the design, one application will cover all color combinations.

• The design must be new or original and not previously published or used in any country before the application date.
• In India, novelty is absolute. Novelty may arise from the application of a known shape or pattern to a new subject matter.
• The design should involve features of shape, configuration, pattern, or ornamentation applied to or applicable to an article.
• The design must be applied to an article via an industrial process.
• The features of the design in the final article must be visually distinct and judged solely by the eye. The design should be visible on the finished article.
• Designs based on construction principles, mechanical devices, or mere functionality are not registrable.

In India, designs are classified according to the current edition of the Locarno Classification (32 classes and 237 sub-classes) published by the World Intellectual Property Organization (WIPO).

As per the amended Rule 10(1) of the Indian Designs Rules, registration of any design is subject to the provisions of the Designs Act, 2000, specifically Sections 2(a) and 2(d).

No. India does not allow the filing of a single application for multiple designs. Separate applications are required for designs that are similar but not identical.

Yes, India is a member of the Paris Convention, and priority can be claimed for a design application filed within six months of the first filing in a Paris Convention country.

India is not a member of the Hague Convention; however, priority can be claimed from a design application filed under the Hague Convention, provided it designates a Paris Convention member country.

No. These items do not qualify as articles for design registration, as removing the alleged ornamentation leaves behind a mere piece of paper, metal, or similar material, making the article cease to exist as a distinct item. The design must be integral to the article itself.

It typically takes 6 to 12 months for a design to be registered in India after the application is filed.

The date of registration, except for priority claims, is the actual date of filing the application.

In cases where priority is claimed, the registration date is the date of the initial application filed in the reciprocal country.

Design registration is valid for an initial period of 10 years from the date of registration (or from the priority date, if applicable).

The registration can be extended for a further 5 years by submitting an application in Form 3, accompanied by the prescribed fee, to the Controller before the initial 10-year period expires.

The design proprietor may apply for the extension as soon as the design is registered.

No. There is no grace period to pay the renewal fee for a registered design. If the renewal fee is not paid by the due date, the registration will lapse. A petition for restoration can be filed within 12 months from the due date, but this deadline is non-extendable.

Yes, marking the article with the registered design number is strongly recommended, except in the case of textile designs. Failure to do so may limit the ability to claim damages from any infringement unless the registered proprietor can prove that all proper steps to ensure marking were taken, or the infringer was aware of the design registration.

Yes, the registration of a design can be canceled at any time after registration upon a petition filed in Form 8 with the prescribed fee. Grounds for cancellation include:

• The design was previously registered in India or published before the registration date.
• The design is not new or original.
• The design is not registrable or does not meet the requirements of the Designs Act.
• The design is not a valid design under Section 2(d) of the Designs Act