A registered design protects how a product looks: its shape, configuration, pattern, ornamentation or the arrangement of lines and colours. PRASA IP helps product companies, hardware startups and manufacturers in Bengaluru and across India register designs and enforce them.
What a design registration protects
Under the Designs Act, 2000, a design is the visual appearance of an article, judged by the eye. It must be:
- New or original, and not published or used anywhere in the world before the filing or priority date.
- Significantly distinguishable from known designs or combinations of known designs.
- Applied to an article by an industrial process, whether manual, mechanical or chemical.
A design registration does not protect how a product works. Functional or mechanical features need a patent, and brand names and logos need a trademark. Many products need more than one.
Before you file
- Keep it confidential. Showing the design publicly, at a launch, online or to buyers without a confidentiality agreement, can destroy novelty. Exhibition at a notified exhibition has a limited grace period, so check before relying on it.
- Search earlier designs. We search the Indian design register and other sources to see whether similar designs already exist.
- Choose the class. India follows the Locarno International Classification, and the application must name the class and the article.
- Prepare the views. Clear drawings or photographs from each relevant angle define the scope of protection, so they matter as much as the application form.
The registration process in India
- Filing. We file the application with the representations, the statement of novelty and any disclaimer at the Design Office, part of the Office of the Controller General of Patents, Designs and Trade Marks.
- Examination. An examiner checks the application against the Act and may raise objections.
- Response. We answer objections in writing and, if needed, at a hearing. The application must be put in order for acceptance within the period set by the Designs Rules.
- Registration and publication. Once accepted, the design is registered and published in the official journal, and a certificate is issued.
Registration takes effect from the date of filing (or the priority date for a convention application). If you have already filed abroad, an Indian application claiming priority must be made within 6 months of the first filing.
How long protection lasts
A registered design is protected for 10 years from the date of registration. It can be extended once, by 5 years, if the extension fee is paid before the first term ends, giving 15 years in total. We track renewal dates for our clients.
Enforcing a registered design
Copying a registered design, or an obvious imitation of it, on the same class of article is piracy under the Designs Act. Remedies include an injunction and damages through the courts. A registered design can also be challenged by a cancellation petition, so a careful search and accurate filing make the registration stronger.
How our fees are structured
- By stage. Search, preparation of representations, filing, responses to objections and hearings are quoted separately, in writing, before work starts.
- Official fees at cost. Government fees follow the IP India schedule and are lower for individuals, startups and small entities. We confirm your category before filing.
- Several designs or countries. If you are protecting a product range or filing abroad, we estimate the whole programme so you can prioritise.
Common questions
Can I register a design after launching the product?
Usually not. Once a design has been published or sold, it is generally no longer new. File before launch, or check the facts with us quickly if the design has already been shown.
Can one product have both a design and a patent?
Yes. A design covers the appearance and a patent covers the technical function. Hardware products often benefit from both.
Is a design registration the same as copyright?
No. Copyright in an artistic work used as a design for industrial production can be limited, so a registered design is usually the right protection for a mass-produced product's appearance.
Do I need to visit the office?
No. Filing is online and we work with clients across India by video call. You are welcome to meet us at our JP Nagar office in Bengaluru.
Talk to our team
Our founders, Praneetha K Rasbag (IN/PA-5005) and Sanath V Madgula (IN/PA-5004), are registered patent agents, advocates and IP attorneys. Call +91 91132 14395 or use the contact details on our home page.