Registration of a design provides statutory protection to the proprietors in respect of their design applied on the article .

Key benefits of registration include:

• Confers statutory and exclusive rights on the registered proprietor
• Grants the sole right to apply the design to the article in the registered class
• Enables the proprietor to prevent unauthorized copying or imitation (design piracy)
• Provides a legal basis for enforcement through civil remedies
• Allows claiming damages or statutory compensation against infringers
• Creates a valuable intellectual property asset that can be licensed or assigned
• Ensures commercial advantage by protecting aesthetic features influencing consumer choice
• Strengthens market identity and product differentiation
• Offers time-bound monopoly (10 years, extendable by 5 years), encouraging innovation

Certain designs are prohibited for registration. A non-exhaustive list is provided below:

• Design which is not new or original
• Design which has been published in India or elsewhere prior to the date of application or date of priority
• Design which is not significantly distinguishable from known designs or combinations thereof
• Design which contains scandalous or obscene matter or contrary to public order and morality
• Features dictated solely by function or mere mechanical device
• Any mode or principle of construction
• Any trademark as defined under the Trade Marks Act
• Any property mark as defined under IPC
• Any artistic work as defined under the Copyright Act, 1957

Any person or entity claiming to be the proprietor of a design may apply, including:

• Individuals
• Startups
• Micro, Small and Medium Enterprises (MSMEs)
• Companies / Large entities

Applicants may apply either directly or through a registered agent or attorney.

Design Registration in respect of Articles/Goods (Locarno Classification)

Note:

• Design protection under the Designs Act, 2000 applies only to Articles/Goods

India follows the international classification for industrial designs. Registered designs are classified according to the Locarno Classification. Classification is only for administrative convenience and does not affect scope of protection.

Structure of Classification

• 32 Classes for goods (Articles) along with their sub-classes

Each design must be registered in the appropriate class corresponding to the article. Selecting the correct class and accurately naming the article is essential for effective protection.

Validity and Renewal of Registration

• Initial validity: 10 years from date of registration (i.e., date of filing or date of priority)
• Renewal: One-time extension of 5 years (to be requested before expiry of initial term)
• Renewal requires application and prescribed fee
• Maximum term: 15 years

Non-renewal leads to cessation of rights, subject to restoration provisions (to be applied within 1 year from the date of cessation).