Design Registration in India
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.
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?
business owners, an industrial design registration may be a valuable business
asset. The success of a product is usually influenced by its appearance
You can sell your Design
may be able to license your design to another and earn a royalty on their
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
is it important for filing the application for registration of design at the
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