Design Registration in India | Process, Law & Benefits (2025 Guide)

A practical guide for startups, manufacturers, and creators to legally protect product aesthetics in India
By Prashant Kumar

Introduction

In today’s competitive marketplace, design often decides who wins the customer’s attention. A product’s look, feel, and style — whether it’s the curve of a smartphone, the contour of a perfume bottle, or the embroidery on a handbag — can make all the difference between a bestseller and an unnoticed imitation.

But in India, unless you register that design under the Designs Act, 2000, it’s not legally yours. Anyone could copy it, mass-produce it, and sell it — without owing you a rupee.

The Designs Act, 2000 gives creators and businesses the right to legally protect the visual appearance of their products. Once registered, a design becomes your exclusive property for 10 years, extendable by another 5 years, preventing others from manufacturing, importing, or selling products that imitate it.

What Is a “Design” Under Indian Law?

Under Section 2(d) of the Designs Act, 2000, a design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article by any industrial process — whether manual, mechanical, or chemical — that can be judged by the eye.

In simpler terms, design registration protects how a product looks, not how it works.

For example:

The curved silhouette of the Coca-Cola bottle is a classic registered design.
The unique grille pattern of a Royal Enfield motorcycle could be registered under vehicle design class.
The geometric pattern printed on a bedsheet can be registered under textile designs.

What design registration does not cover are functional or mechanical aspects. So, if a new chair design includes a hidden recliner mechanism, only the visible shape and form can be registered — not the internal mechanics (which may be covered by a patent).

Why Register a Design?

Design registration in India gives you the legal right to protect your product’s visual identity from imitation. It grants exclusive rights for 10 years (renewable to 15) and allows you to take legal action against those who copy, import, or sell your registered design.

Now let’s unpack that.

Without registration, even if you designed something unique, you cannot claim ownership if someone reproduces it. Courts have consistently held that copyright in design ceases the moment it’s used commercially unless it’s registered under the Designs Act.

By registering, you:

Establish legal ownership of your design.
Gain exclusive rights to use, sell, or license it.
Prevent imitation and unfair competition.
Enhance brand valuation and investor confidence.

A simple example:
An Indian startup designs an ergonomic reusable cup with a spiral surface pattern for grip. If registered, no competitor can make a similar-looking cup — even if the material or capacity differs. The startup can also license that design to other manufacturers for royalties.

The Legal Framework and Regulatory Authority

Design registration in India is governed by:

The Designs Act, 2000, and
The Designs Rules, 2001 (as amended up to 2021).

The Controller General of Patents, Designs and Trade Marks (CGPDTM) administers the process through the Design Wing of the Patent Office, Kolkata. India also follows the Locarno Classification System, an international system dividing designs into 32 main classes and numerous sub-classes — from clothing to furniture to vehicles.

This classification helps determine the scope of protection, since design rights apply only to the class in which registration is granted.

Step-by-Step Process of Design Registration in India

Step 1: Conduct a Design Search

The first step is to check whether your design is new and original. This involves searching the Design Register on ipindia.gov.in to see if similar designs exist.

If your design resembles something already registered or published anywhere in the world, your application can be rejected.

Example:
If you’re registering a new electric kettle design, search under Locarno Class 07-02 (Cooking Appliances) to ensure your design — say, a distinctive diamond-textured body — is unique.

Step 2: Determine the Locarno Class

Each design must be filed in the correct Locarno Class.
Here are a few examples of how classification works:

Class 02 — Articles of Clothing
Class 07 — Household Goods
Class 09 — Packages and Containers
Class 12 — Vehicles and Conveyance
Class 26 — Lighting Devices

If your product fits more than one category, it’s better to file in the class where its main function lies. For instance, a designer water bottle should be filed under Class 09-01 (Bottles), not under general household goods.

Step 3: Prepare the Application (Form 1)

An application for design registration is made using Form 1, accompanied by:

Representation sheets — 6 identical copies showing different angles of the design (front, side, top, etc.).
Statement of novelty — highlighting which part of the design is new.
Power of Attorney — if filed through an IP attorney.
Priority documents — if the design was first filed abroad (under Paris Convention).
Prescribed fee — ₹1,000 (individual), ₹2,000 (startup/small entity), or ₹4,000 (others).

These drawings or photos must be clear, with no shadows, text, or unnecessary background.

Related: Before you file, make sure your documentation is complete. Here’s a practical checklist of all Required Documents for Design Registration — Checklist for Startups & SMEs to help you avoid rejections and delays.

Step 4: File the Application

The application can be filed online through the Design E-Filing Portal or physically at the Design Office, Kolkata.

Once filed, the system generates:

A Design Application Number, and
A Filing Date, which becomes crucial for claiming priority and rights.

If you’re claiming foreign priority (for instance, if the design was first filed in the EU or the US), the Indian filing must occur within six months of the first foreign application.

Step 5: Examination and Office Action

After filing, the application undergoes formal examination by the Controller of Designs.
The examiner checks:

Whether the design is new and original,
Whether representations are proper,
Whether it complies with the Act and Rules, and
Whether it fits the correct Locarno Class.

If objections are raised, an examination report is issued, usually within 3–4 months. The applicant must reply or amend the design within 3 months, failing which the application may lapse.

In some cases, a hearing is granted before a final decision.

Step 6: Registration and Publication

Once accepted, the design is:

Registered and entered in the Design Register,
Assigned a registration number, and
Published in the Official Gazette for public notice.

The publication acts as official evidence of ownership.
The date of registration, however, remains the original filing date — meaning your protection starts from that day.

For a strong filing, your application must include a precise novelty claim. Learn how to draft it correctly in our detailed guide — How to Draft a Statement of Novelty for Design Registration in India.

Step 7: Duration and Renewal

The initial term of design protection is 10 years, counted from the filing date.
It can be renewed for another 5 years by filing Form 3 with the renewal fee before expiry.

Once the 15-year period lapses, the design enters the public domain, and anyone can use it freely.

Enforcement and Legal Rights of a Design Owner

Once registered, a design gives the owner exclusive rights to apply that design to the article in its class and prevent others from using it without consent.

What Constitutes Design Infringement?

Under Section 22 of the Designs Act, a person is said to have pirated a registered design if they:

Apply the same or a similar design to an article for sale without the owner’s permission,
Import or sell articles bearing that design, or
Imitate the registered design with minor changes.

Remedies Available

The design owner can:

Seek an injunction to stop the infringer,
Claim statutory damages up to ₹50,000 per design, or
File a civil suit for damages and recovery of profits made through infringement.

Example:
Suppose you registered a minimalist wooden chair design. If a furniture company copies the exact shape and starts selling it online, you can immediately file a design infringement suit to stop sales and claim compensation.

Common Reasons for Rejection

Applications are often refused if:

The design is not new or has been published before.
It consists primarily of mechanical or functional features.
It contains scandalous or immoral matter.
The representations are unclear or incorrectly classified.

Careful drafting of the statement of novelty and representation sheets helps overcome most of these issues.

Practical Example: From Concept to Protection

Let’s take a real-world example.
A Pune-based startup creates electric scooters with a distinct “floating headlight” design — two narrow strips of LED lights shaped like a smile. While the electric system itself may fall under patent protection, the look of the headlight and the body panel can be protected under the Designs Act.

Once registered, no competitor — Indian or foreign — can sell scooters with that same headlight design. Even international brands entering India would have to redesign their products to avoid infringement.

Integrating Design Protection with Other IP Rights

A strong IP strategy combines design, trademark, and patent protection.

For instance:

A shoe brand may trademark its logo,
Patent its cushioning technology, and
Register its sole pattern as a design.

This 360° IP approach ensures both brand identity and product appearance are safeguarded, creating long-term commercial value.

FAQs on Design Registration in India

1. Can I register a logo or symbol as a design?
No. Logos, names, and symbols are protected under the Trade Marks Act, 1999, not the Designs Act. The Designs Act protects the physical appearance of an article, not its brand identity.

2. Can I file one application for multiple designs?
Only if they belong to the same class and are mere variants of one another. Each distinct design otherwise requires a separate application.

3. What happens if I disclose my design before registration?
If you publicly disclose or sell your design before filing, it loses novelty and becomes ineligible. Always file the design before launching or advertising it.

4. Can foreign companies protect their designs in India?
Yes. India is a member of the Paris Convention and the WIPO system. Foreign applicants can file in India within six months of their first filing abroad and claim priority.

5. What is the penalty for design infringement?
Each contravention attracts a fine up to ₹25,000, and cumulative damages can reach ₹50,000 per design. Courts also grant injunctions to stop continued sales or imports.

6. How long does the process take?
Typically 6–9 months, depending on examination delays. Once accepted, protection is retroactive from the original filing date.

7. Can I sell or license my registered design?
Absolutely. Registered designs are transferable like any other IP asset. You can sell, license, or even franchise them for commercial use.

Key Takeaways

Design registration in India is one of the simplest and most affordable forms of intellectual property protection. For startups and SMEs, it converts creativity into a tangible business asset.

From packaging innovations to fashion accessories to industrial products, registering your design ensures that your product’s appearance remains your competitive edge — not someone else’s copy.

About the Author

Prashant Kumar is a Company Secretary, Published Author, and Partner at Eclectic Legal, a full-service Indian law firm specialising in intellectual property, corporate law, and regulatory advisory. He advises startups, designers, and businesses on design registration, trademark protection, brand strategy, and IP portfolio management under Indian and international laws.

His work focuses on helping creators, innovators, and manufacturing companies protect their product aesthetics, brand identity, and innovation assets under the Designs Act, 2000, and related IPR frameworks.

He regularly writes and speaks on design protection, IP strategy for startups, and brand enforcement in India.
Reach him at prashant@eclecticlegal.com or +91-9821008011 for consultations on IP protection, brand strategy, and design law in India.