Design Registration

Design registration protects the aesthetic appearance of an article including shape, configuration, pattern, ornament, or composition of lines or colors applied to any article. It covers industrial designs for products ranging from consumer goods to industrial equipment, protecting visual appeal rather than functional aspects.

The design must be new or original, not previously published or used in India, distinguishable from known designs, not obscene or scandalous, not contrary to public order or morality, and must be applied to an article. Functional features are not protected under design law.

Design registration is valid for 10 years from the date of registration and can be extended by an additional 5 years upon payment of extension fees. Total protection period is 15 years. After expiry, the design enters the public domain.

The process involves filing an application with the Design Office (Kolkata or branch offices), submitting representations of the design (drawings, photographs, or specimens), paying prescribed fees, examination by the Design Office, and registration if the design meets all requirements.

Registration grants the owner exclusive rights to apply the design to any article in the class in which it is registered, prevent others from using, making, selling, or importing articles bearing the design, and seek legal remedies including injunctions and damages for infringement.

No, each design must be registered separately with its own application and fees. However, if the same design is applied to different articles in the same class, they may be registered together. Each design requires separate examination and registration.

Design registration protects the aesthetic features of articles capable of industrial application for a limited period (15 years). Copyright protects original artistic works for the author's lifetime plus 60 years. Designs that are not industrial articles may be protected under copyright instead.

Publication or use of the design before filing the application may destroy novelty and prevent registration. However, there is a grace period of 6 months for designs displayed in official exhibitions or disclosed to the government. Early filing is advisable to protect novelty.

Yes, design registration can be cancelled on grounds that the design was previously registered, published before the date of registration, not a design as defined by law, not new or original, or contrary to public order or morality. Any interested person can petition for cancellation.

Yes, India is a member of the Paris Convention, allowing priority claims based on first filing in another member country within 6 months. The Hague System for international design registration is not yet applicable in India, but separate applications can be filed in other countries.