Design Registration in India 2026 — Designs Act 2000, Form-1, Locarno Classes & Enforcement

Section 2(d) of the Designs Act 2000 defines 'design' as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

Key elements:

1. Applied to an article — pure ornamental art (paintings, sculptures) is not a design; it is a copyright work. The design must be applied to a manufactured/functional article.
2. Industrial process — the design must be capable of replication on an industrial scale. Hand-crafted unique pieces are not designs.
3. Visual appeal judged solely by the eye — purely functional shape (dictated entirely by function) is not a registrable design.
4. Novelty — Section 4(a): the design must be new or original — not previously published anywhere in the world.
5. Distinctiveness — Section 4(b): must be significantly distinguishable from known designs or combinations thereof.

What is NOT registrable:

• Designs contrary to public order or morality.
• Designs that include a trademark / property mark / artistic work in the copyright sense.
• Designs that are purely functional (no scope for visual choice).
• Designs already published, used, or available in the public domain in any country.
• Designs which are mere mechanical contrivances.

The Supreme Court in Bharat Glass Tube Ltd v Gopal Glass Works [(2008) 10 SCC 657] held that prior publication anywhere in the world (including on the internet) destroys novelty under Section 4(a).

India follows the Locarno Classification (12th edition, 2025) for designs. There are 32 classes covering categories of articles. Picking the right class is essential — application in the wrong class is one of the most common reasons for design refusal.

Frequently-used classes:

• Class 02 — Articles of clothing and haberdashery (footwear, garments).
• Class 06 — Furnishing (furniture, lamps).
• Class 07 — Household goods (kitchenware, cutlery, tableware).
• Class 09 — Packages and containers for transport/handling.
• Class 11 — Articles of adornment (jewellery, watches, bangles).
• Class 14 — Recording, communication, information retrieval equipment (phones, laptops, headphones).
• Class 21 — Games, toys, sports equipment.
• Class 23 — Fluid distribution equipment, sanitary, heating, ventilation (taps, faucets, showers).
• Class 24 — Medical and laboratory equipment.
• Class 26 — Lighting apparatus.

Full Locarno Class list is available on ipindia.gov.in → Designs → Locarno Classification.

Step 1 — File preparation
Prepare professional-quality representations of the design from multiple views — perspective, front, rear, top, bottom, both sides. Minimum 4 views, recommended 6-7. Each view should be on A4 paper, black-and-white line drawing OR high-resolution photograph (300+ DPI). All views from the same scale.

Step 2 — Class & sub-class selection
Identify the Locarno class and sub-class from the official classification.

Step 3 — Statement of Novelty
Draft a precise statement of novelty — what is new about the design. Example: 'Novelty resides in the shape and configuration of the [article] as illustrated.' If colour is claimed, mention so.

Step 4 — Form-1 + Form-2 + Form-3

• Form-1 — Application for registration.
• Form-2 — Power of Attorney (if filed through an attorney).
• Form-3 — Statement of fees.

Step 5 — Online filing
Visit ipindia.gov.in → Designs → E-filing Portal → Login (Aadhaar/Digital Signature). Upload Form-1, all view drawings/photographs, novelty statement.

Step 6 — Pay fee
Natural person/start-up/small entity: ₹1,000. Others: ₹4,000. Pay online via SBI ePay.

Step 7 — Acknowledgement
Application number generated (e.g., 357XXX/2026 for designs). The application date relates back to the filing date for novelty assessment.

Step 8 — Examination
Designs Examiner issues First Examination Report (FER) typically within 3-6 months. Common objections: lack of novelty, insufficient views, wrong class, novelty statement too broad, prior publication.

Step 9 — Response
Applicant must respond within 3 months (extendable by 3 more months). Hearing may be held if FER objections persist.

Step 10 — Registration & Certificate
On acceptance, design is registered and certificate issued. Total realistic timeline: 8-14 months for uncontested applications.

Section 11: Registered design protected for 10 years from date of registration, extendable by further 5 years on application for extension (Form-3) filed before expiry of the initial 10-year period.

Maximum total term: 15 years. After that, the design enters the public domain.

Section 12 — Restoration: If extension is missed, the design lapses but can be restored within 1 year by paying the prescribed restoration fee plus extension fee. Beyond 1 year, the design is irretrievably lost to the public domain.

Extension fee: ₹2,000 (small entity) / ₹8,000 (others).
Restoration fee: ₹1,000 (small entity) / ₹4,000 (others).

Section 22 — fraudulent or obvious imitation of a registered design without licence, for the purpose of sale, constitutes infringement.

Civil suit forum: Section 22(2) — District Court / Commercial Court of competent pecuniary jurisdiction. After the Commercial Courts Act 2015, IP suits with claim value > ₹3 lakh go to Commercial Courts. For some metropolitan cities (Delhi, Bombay, Calcutta, Madras), original-side jurisdiction lies with the High Court for higher-value matters.

Reliefs:

1. Permanent injunction restraining further infringement.
2. Interim injunction on the American Cyanamid test.
3. Damages — Section 22(2)(a) caps damages at ₹50,000 per design unless suit also seeks injunction. With injunction prayer, damages can exceed ₹50,000 (subject to proof).
4. Account of profits — alternative to damages.
5. Delivery up of infringing articles.
6. Anton Piller for evidence preservation.

Test of infringement — Bharat Glass Tube Ltd v Gopal Glass Works (supra) and Whirlpool of India Ltd v Videocon Industries Ltd [Bombay HC 2014] — the test is whether the defendant's article, viewed solely by the eye, would be confused with the plaintiff's registered design by an ordinary purchaser exercising ordinary care. Substantial similarity, not exact identity, is sufficient.

Cancellation as defence: Defendant can move a cancellation petition under Section 19 before the Controller of Designs (Patent Office) on grounds of prior publication, non-novelty, public order, etc. Effective parallel strategy in contested suits.

The same product can sometimes be protected under multiple IP regimes — but with restrictions.

Design + Trademark: A product shape can be both a registered design (Designs Act 2000) and a shape trademark (Trade Marks Act 1999, Section 2(zb)). E.g., the Coca-Cola contour bottle is registered as both. But trademark registration requires distinctiveness through use (acquired distinctiveness).

Design + Copyright: Section 15 of the Copyright Act 1957 is critical —
(1) Copyright does NOT subsist in any design registered under the Designs Act.
(2) Copyright in any unregistered design (which would have been registrable) ceases to exist as soon as the article is reproduced more than 50 times by an industrial process by the copyright owner.

Practical implication: If you intend to commercialise your design beyond 50 units, register under the Designs Act — else you lose copyright too. The Delhi High Court in Microfibres Inc v Girdhar & Co [Delhi HC 2009] settled the interpretation of Section 15(2).

Design + Patent: Same article can be protected by a utility patent (for functional novelty) and a design registration (for ornamental appearance) — they cover different aspects.