Design registration questions people actually ask.
What is a design registration?
A design registration is an intellectual property right that protects the visual appearance of a product, its shape, configuration, surface pattern, ornament, or the composition of lines and colours applied to an article. It protects how a product looks, not how it works. In India it is granted under the Designs Act, 2000, and gives the registered proprietor the exclusive right to apply that design to articles in its registered class.
What is the difference between a design and a patent?
A patent protects how an invention works, its function, mechanism, or process, and lasts 20 years. A design registration protects how a product looks, its visual appearance, and lasts up to 15 years in India (10 + 5). A new gadget might have a patent for its internal technology and a design registration for its distinctive external shape. They protect different things and often work together.
What is the difference between a design and a trademark?
A trademark protects identifiers that signal the source of goods, brand names, logos, slogans, and can last indefinitely while renewed and used. A design protects the appearance of the product itself, and lasts a fixed, renewable term. A logo is usually a trademark; the shape of the product carrying that logo is a design. Some distinctive shapes can qualify as both, but the rights are different.
What is the difference between a US design patent and a registered design?
They are the same idea under different names and systems. The United States protects product appearance through a “design patent” granted by the USPTO. India, the EU, the UK, and many other countries use a “registered design” (or “industrial design”) system. Both protect the ornamental appearance of a product; the terminology and term differ by jurisdiction, which is why cross-border filing needs someone who knows each system. In India, the right is sometimes described as conferring “copyright in the design.”
How long does a design registration last?
In India, a design is protected for 10 years from the date of registration, extendable by a further 5 years on renewal before expiry, so 15 years maximum. Other jurisdictions differ: US design patents and EU and UK registered designs each run their own terms (commonly up to 15 to 25 years with renewals, depending on the system). We confirm the term for each jurisdiction you file in.
How much does design registration cost in India?
The government filing fee is Rs 1,000 for a natural person (individual), Rs 2,000 for a small entity or startup, and Rs 4,000 for a large entity, per design, per Locarno class. On top of that is the professional fee for the novelty search, representations, and filing. It is one of the most cost-effective IP rights available, which is why it is often overlooked and shouldn’t be.
How long does design registration take in India?
Typically 6 to 12 months from filing to registration, depending on whether the Registry raises objections in the examination report and how quickly they are resolved. Unlike trademarks, designs are not advertised for a public opposition period, which keeps the process comparatively quick.
Can I register a design that I have already launched or sold?
Usually not, and this catches people out. A design must generally be new and undisclosed when you file, prior publication, display, or sale, including by you, can destroy its novelty and your right to register it. India offers only a limited grace period in specific circumstances, so the safe rule is: file before you disclose. If you have already launched, talk to us quickly, the position depends on exactly what was disclosed and when.
Can I protect my design in multiple countries?
Yes. Design rights are territorial, so you register in each country or region where you want protection, but it can be coordinated. You can file directly in each country, use the Hague System to file one international application covering multiple members, or file in one country first and claim priority in others within six months. We help you choose the route that fits your markets and budget.
What is the Locarno Classification?
The Locarno Classification is the international system for categorising industrial designs by the type of article (for example, packaging, furniture, clothing). India uses it to classify design applications, and each application covers a single class. Choosing the correct class matters, it affects both the search and the scope of protection.