Design registration under the Designs Act, 2000 protects the new and original visual features of an article, such as shape, pattern, ornamentation or colour combination, applied by an industrial process. It is filed with the Patent Office, examined, registered and published, and lasts 10 years, extendable by 5 more years.
What qualifies
- Shape and configuration
- Patterns and ornamentation
- Lines and colour applied to articles
Functional features and trademarks are excluded.
Process
- Prepare representations of the design.
- File application with class and statement of novelty.
- Examination and objections.
- Registration and publication.
Novelty
Design must not be published or used before filing anywhere in the world.
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Owners can sue for piracy and claim damages.
Frequently asked questions
Design or patent?
Design protects appearance; patents protect function.
Can a design be both trademarked and registered?
Some shapes can qualify for trademark protection too, but design registration is specific.
Are fees lower for startups?
Yes, natural persons, startups and small entities pay lower fees.
How long does registration take?
Often a few months if no objections.
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