Design registration Form 1: protecting a product's appearance in India

What can be registered

A design registration protects the visual appearance of a product, judged by the eye, not how it works. Product shapes, packaging forms, furniture, jewellery patterns, textile prints and the look of consumer devices are common examples.

To be registrable, the design must be new or original, not previously published or used anywhere in the world, significantly distinguishable from known designs, and not contrary to public order. Purely functional features, trademarks and artistic works under copyright are excluded. Convention priority can be claimed for a design filed in a convention country within the previous six months, which helps businesses filing in several countries.

Official fees

The Designs (Amendment) Rules, 2021 introduced startup and small entity categories. Startups recognised under Startup India qualify, and status is claimed using Form 24. If an application filed by a small entity or startup is later transferred to a larger entity, the difference in fee becomes payable.

Documents needed

Representations must show the design clearly and consistently, as the registration covers what is shown. Line drawings or photographs are accepted in the prescribed format and size, and views should not include features you do not want to claim.

• Form 1 with applicant details and the article name
• Representation sheets showing the design from different views
• Statement of novelty describing the new features
• Disclaimer for any trademark, words or mechanical features shown
• Locarno class of the article
• Form 24 for startup or small entity status, and power of attorney if using an agent
• Priority document, if claiming a convention priority

Process and duration

After filing, the application is examined. The examiner may raise objections, which must be answered within the time allowed. Once accepted, the design is registered and published in the Patent Office Journal. Protection runs from the date of registration, which is generally the filing date. Registration lasts 10 years and can be extended once by 5 years by filing Form 3 before expiry. The proprietor can then sue for piracy of the registered design.

Design versus trademark and copyright

A design protects how an article looks for a limited term. A trademark protects a brand identifier for as long as it is renewed. Copyright protects artistic works, but artistic works applied industrially beyond a threshold number of copies lose copyright protection if not registered as designs. Many businesses use more than one right for the same product. Choosing the right protection early matters because filing deadlines and disclosure rules differ for each right.

Common mistakes

The most serious mistake is showing or selling the product before filing, which can destroy novelty. Others include filing in the wrong Locarno class, poor quality representation sheets, a statement of novelty that claims functional features, and treating a design registration as protection for the product's working. Where both appearance and function matter, a patent may be needed alongside. A short consultation before launch often saves the design.

Step by step

1. 1Keep the design confidential

   Avoid disclosure until filing.

2. 2Check novelty

   Search registered designs in the relevant Locarno class.

3. 3Prepare representations

   Create clear views of the article and a statement of novelty.

4. 4File Form 1

   File online with Form 24 if claiming startup or small entity fee.

5. 5Respond to objections

   Answer any examination objections in time.

6. 6Registration and renewal

   Receive registration and diarise Form 3 before 10 years.