Designs

A design registration protects the visual appearance of a product, specifically its shape, configuration, pattern, ornamentation, or composition of lines or colours. It does not protect the functional or technical aspects of a product. Registration gives you the exclusive right to apply the design to the relevant article and to prevent others from copying its visual appearance.

You file an application with the Design Office (part of the Indian Patent Office) specifying the article to which the design is applied, along with representations of the design. The application is examined for novelty and originality, and if it meets the requirements, it is registered. The process is generally faster than trademark or patent registration, often completing within 6 to 12 months.

A design registration in India is initially valid for 10 years from the date of registration and can be extended for a further period of 5 years, giving a maximum protection of 15 years.

Design protection covers the visual appearance of a product. Copyright protects original artistic and literary works. Trademarks protect signs that distinguish goods or services. In practice, there can be overlap. For instance, a product’s shape might qualify for design registration, copyright as an artistic work, and trademark protection as trade dress. However, under Indian law, if a design is registrable under the Designs Act, it generally cannot claim copyright protection as an artistic work once it is applied to an article produced in quantities exceeding 50. We advise on how to structure protection across these overlapping regimes.

Yes. India is a member of the Hague Agreement, which allows you to seek design protection in multiple countries through a single international application. You can also file individual national applications in each country. We advise on international filing strategies based on your commercial priorities and the markets where your product is sold.