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Designs in India

Knowledge Base · Designs

Designs in India

How to protect the visual appearance of a product — its shape, configuration, pattern and ornamentation — under India’s design law, from registration to enforcement.

Governing lawDesigns Act, 2000 & RulesTerm10 years + 5-year renewalAuthorityDesign Office (Patent Office)ClassificationLocarno

On this page

BasicsRegistrationPost-registrationEnforcementCancellationChangesFAQ

Design basics

What a registered design protects — and what it does not.

What is a design?Protection for the features of shape, configuration, pattern or ornament of an article, judged solely by the eye.
What can be registeredA design that is new or original, not previously published, and significantly distinguishable from known designs.
What cannot be registeredPurely functional shapes, mere mechanical devices, trademarks, artistic works, and scandalous matter.
Term & renewalAn initial 10 years, renewable once for a further 5 years — a maximum of 15 years.

Registration

From classification to certificate.

Classification (Locarno)Articles are classified under the international Locarno system; you register a design for a specific class of article.
Filing & representationsFile the application with clear views (representations) of the design — before any public disclosure.
ExaminationThe Design Office reviews novelty and formalities and may raise objections to be answered.

Industrial designs overviewA plain-English walkthrough of what design protection covers and how to use it.Read full guide →

Post-registration

Keeping a registered design in force.

RenewalRenew the registration before the initial 10-year term expires to extend it by a further 5 years.
MarkingMarking the article as registered supports enforcement and helps deter copying.
Before you launch: Public disclosure before filing can destroy novelty. File the design application before exhibiting, selling or publishing the product.

Enforcement

Acting against copycats.

Design piracy (Section 22)Applying a registered design (or a fraudulent/obvious imitation) without consent is “piracy of a registered design”.
RemediesRelief can include injunctions and damages or a statutory contribution, depending on the case.

Cancellation

Challenging a registration.

Cancellation (Section 19)A registration can be cancelled on grounds such as prior publication, lack of novelty, or non-registrability.

Changes & recordals

Keeping ownership and details current.

AssignmentRecord transfers of ownership with the Design Office to keep the chain of title clean.
Change of name / addressUpdate proprietor details and address for service so notices reach you.

Frequently asked questions

How long does a registered design last?

10 years from registration, renewable once for a further 5 years — up to 15 years in total.

Can I protect how my product looks?

Yes — if its appearance is new or original and judged by the eye, it can be registered as a design. Function is protected by patents, not designs.

When should I file?

Before any public disclosure, launch or exhibition — prior publication can defeat novelty.

How is a design different from a trademark?

A design protects the appearance of a product; a trademark protects brand identifiers like names and logos.

In-depth articles

Industrial Designs in IndiaPatent vs Trademark vs Copyright

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