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Design Registration in India

What is meant by ‘Design’ under the Designs Act, 2000?

Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms.


Who can apply for design registration?  

As per Section 5 of the Act, any person who claims to be the proprietor of any new or original design can apply for registration of such design. 

What benefits does an industrial design registration provide?

For business owners, an industrial design registration may be a valuable business asset. The success of a product is usually influenced by its appearance

1 You can sell your Design

2 You may be able to license your design to another and earn a royalty on their sales.

3 Goodwill



Unregistered designs

An unregistered design is not enforceable under the law, so a design must therefore be registered in order to enjoy protection. However, it may be possible to protect a design under otherlegislation.


Why is it important for filing the application for registration of design at the earliest possible?

The first-to-file rule is applicable for the registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only the first application will be considered for registration of the design.


Can the same applicant make an application for the same design again, if the prior application has been abandoned?

Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.

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