Design Registration & Protection
Protect the Distinctive Appearance of Your Product
The appearance of a product can be an important part of its commercial identity. A distinctive shape, configuration, pattern or ornamental feature can help a product stand apart from competing products. Design registration provides legal protection for eligible visual features applied to an article.
Design Registration Services
SmartIP helps businesses, product manufacturers, designers and innovators assess, prepare and pursue design registration in India..
Design Assessment
Assess the product and its visual features to determine whether they may be suitable for protection under the Designs Act.
Novelty & Prior Publication Search
Review relevant registered designs and available publications to identify earlier designs and assess potential novelty concerns.
Classification & Application Strategy
Identify the appropriate article and Locarno classification and determine the appropriate filing approach for the design.
Design Representation & Documentation
Assist with preparation of design representations, views, statements and other information required for the application.
Design Filing
Prepare and file the design application with the appropriate details, representations and prescribed requirements.
Examination & Post-Filing Support
Assist with examination requirements, objections and procedural matters through registration, followed by renewal and other post-registration requirements.
Our Approach
Understand
We understand the product, its intended use and the visual features for which protection is being considered.
Assess
We assess the design against relevant requirements and review available prior designs and publications.
Prepare & File
We help identify the appropriate classification, prepare the required representations and documentation, and proceed with filing.
Examine & Maintain
We assist with examination and objections, registration formalities and subsequent renewal requirements.
Who we work with
Product Manufacturers
Protect distinctive product designs before they enter the market.
Industrial & Product Designers
Help secure protection around original product concepts and visual designs.
Startups & MSMEs
Build design protection into the product development and commercialisation process.
Established Businesses
Manage design protection for new products, product variants and design portfolios.
What Can Be Protected?
The protection is directed towards features that appeal to and are judged by the eye. Features dictated solely by function or a mere mechanical device are outside the scope of design protection. Design registration may cover visual features of an article such as:
Shape
Configuration
Pattern
Ornamentation
Lines or colors
Design Protection for Different Product Categories
Design registration can be relevant across a wide range of products where appearance forms part of the product offering, including:
Consumer Products
Industrial Products
Packaging & Product Presentation:
Product & Industrial Design
Frequenty Asked Questions (FAQs)
What is design registration?
Design registration protects eligible visual features of an article, such as its shape, configuration, pattern or ornamentation. It is concerned with the appearance of the finished article rather than its technical function.
Does a design have to be new?
Yes. A design must be new or original and must not have been previously disclosed to the public in India or elsewhere before the relevant filing or priority date.
Can a functional feature be protected through design registration?
Design protection does not extend to features dictated solely by function or a mere mechanical device. Where the protection sought concerns how a product works rather than how it looks, other forms of IP protection may need to be considered.
Can I register a design after publicly launching my product?
Prior public disclosure can affect eligibility for design registration. Publication or other disclosure before the relevant filing or priority date may become an obstacle to registration. It is therefore advisable to assess the design before public disclosure.
How is the design classified?
Design applications are filed in relation to particular articles and classes. India follows the Locarno Classification for industrial designs, and the appropriate class and article need to be identified when preparing the application.
How long does design registration last?
A registered design is protected initially for 10 years and can be extended once for a further five years, giving a maximum term of 15 years, subject to the applicable requirements and fees.
Have a Product Design to Protect?
A distinctive product appearance can be an important business asset. SmartIP can help you assess the design, prepare the application and navigate the registration process.