What a design registration covers
The Designs Act, 2000 protects features of shape, configuration, pattern, ornament or composition of lines and colours applied to an article and judged solely by the eye. It protects appearance, not function. A distinctive bottle silhouette, a furniture profile, a textile print or a packaging shape are all design subject matter.
Novelty is destroyed by launch
The design must be new or original and not published anywhere in the world before the filing date. Posting the product on Instagram, listing it for sale, or showing it at a trade fair destroys novelty. This is the single most common reason design applications fail, and it is entirely avoidable by filing first.
Cost and speed
Design registration is the fastest and cheapest of the registered IP rights in India. The government fee is INR 1,000 for a natural person, startup or small entity, and INR 4,000 for other applicants. Registration typically completes within six to twelve months.
Term and enforcement
Protection runs for ten years from registration, extendable by five more. Registration gives the right to sue for piracy under Section 22, and supports takedown action through marketplace brand-protection programmes.
Design alongside patent and trademark
The three rights protect different things and frequently overlap on a single product. A consumer appliance might warrant a patent on the mechanism, a design registration on the housing, and a trademark on the brand name. Deciding which to file, and in what order, is a budgeting question worth thinking through early.
Note: this guide is general information, not legal advice for your specific matter. Rules, fees and registry practice change. Before acting, speak to us about your situation.