R M   L E G A L

Industrial Design Registration

RM Legal advises manufacturers, brands and designers on protecting the appearance of their products, including shape, configuration, pattern, ornamentation and colour combinations. Design registration is particularly useful for products whose appearance drives sales and is easily copied, such as textiles and prints, jewellery, packaging, furniture and consumer goods.

What We Do

Our work includes:

  • Design searches and assessment of novelty
  • Preparation of representations and filing of design applications
  • Responses to objections raised by the Design Office
  • Cancellation proceedings against registered designs
  • Infringement (piracy) actions and defence
  • International design filings through foreign counsel

What Can Be Registered

A design can be registered if it relates to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to an article, and those features appeal to the eye in the finished article. The design must be new or original, and must not have been published or used anywhere in the world before the filing or priority date. Purely functional features, trademarks and artistic works as such cannot be registered as designs.

Why Novelty Matters

Showing a product at a trade fair, posting it online or selling it before filing can destroy its novelty and make it impossible to register. Applications should be filed before any product launch or public display.

The Registration Process

  • Filing: the application is filed online with the Design Office of the Patent Office, together with representations of the article from different views, and classified under the Locarno Classification.
  • Examination: the Design Office examines the application and may raise objections, which must be answered within the prescribed time.
  • Registration: once accepted, the design is registered and published, and protection runs from the date of filing.
  • Term: registration lasts 10 years from the filing date and can be extended once by a further five years, for a total of 15 years.

Official Fees

The official filing fee starts at ₹1,000 for individual applicants, with higher fees for small entities and other applicants. These are separate from professional fees.

Designs and Copyright

If a design capable of registration is not registered, copyright in it ends once the design is applied to more than 50 articles by an industrial process. For textile prints and other mass-produced designs, design registration is therefore usually the only effective form of protection. For a practical guide, see Protecting Textile Prints in India.

Enforcement

Applying a registered design, or a fraudulent or obvious imitation of it, to an article without the owner's consent is piracy under the Designs Act, 2000. The owner can sue for an injunction and damages.

Frequently Asked Questions

How long does design protection last?
10 years from the filing date, extendable once by five years.

Can I register a design after launching the product?
Generally not. A design that has been published or used before the filing date is not new and cannot be validly registered. File before any public display or sale.

Can textile prints be registered as designs?
Yes. Patterns and ornamentation applied to fabric can be registered as designs, and for mass-produced prints this is usually the most effective protection.

What is the difference between a design and a trademark?
A design protects the appearance of a product. A trademark protects a brand name, logo or other sign that identifies the source of goods or services. Some products need both.

Does an Indian design registration protect my design abroad?
No. Design rights are territorial. Applications abroad can claim the Indian filing date as priority if they are filed within six months.

Can a functional shape be registered as a design?
No. Features dictated solely by function are excluded. These may instead be protectable by a patent.

Reviewed by Nandita Goyal, Partner. Last reviewed: October 2026.

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