Introduction

You would be aware that the look and feel of a product can make or break its market success. Whether it’s the elegant curve of a luxury pen, the striking motif on a fabric collection, or the clever shape of packaging, these visual elements are key to standing out. Safeguarding them through design registration is a smart move in the IP strategy of any business.

Under the Designs Act, 2000 (“Designs Act”), Indian law lets creators and businesses lock in exclusive rights over a product’s aesthetic features. Here’s a straightforward take on what qualifies and how to get it done right.

What Counts as a ‘Design’?

The Act defines a design as the shape, configuration, pattern, ornament, or colour combo applied to any article—purely for the eyes. It has to be industrially produced and jazz up the product’s appearance.

A Designs, as per the Designs Act includes the following:

  • Fancy bottle shapes for perfumes or oils
  • Textile prints or embroidery patterns
  • Ornate furniture fittings
  • Eye-catching packaging

Pertinently, there is no cover for functional bits, mechanical workings, trademarks, or standalone artworks. It’s all about the visual wow-factor only.

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IP Law Must-Haves for Registration of a Design in India

To sail through, a design application must prove the following:

  • Unique: Design must be brand new; and not copied from prior art.
  • Unpublished: The design must not be published anywhere in the world before the application is filed. 
  • Article-specific: The design must be tied to something, that can be manufactured in factories.
  • Aesthetic only: The design must be visible to the eye and judged by sight alone.

If these are missed these, the examiner will raise flags during check-up.

Step-by-Step Filing Guide

  1. Smart Search First: Don’t jump in blind. Run a prior art search on the Patent Office’s design database. Spots lookalikes, saves headaches later.
  2. Pick the Right Class: Use the appropriate Locarno Classification. For instance, containers are covered under Class 9 and furniture under Class 6. Filing under the wrong Locarno class would lead to objections and/or refusal of the design application.
  3. Documents required: To file the application before the Controller General of Patents, Designs & Trade Marks, the following documents are needed:
    • Form-1: Basic application.
    • Rep sheets: Clear pics/drawings from all angles. Pictures from the front, back, top, bottom, sides and perspective, that highlight the novel aspects of the design crisply are preferable.
    • Novelty statement: What makes it special.
    • Power of Attorney: A letter signed by the Applicant, authorizing their attorney to file on the Application on their behalf.
    • Priority docs: When the applicant claims priority from an earlier design application filed in another country, the priority document, i.e., a certified copy of the first design application filed in another country is required to be filed, within 6 months from the earliest foreign filing date 
  1. Examination: Examiners check formals and merits of the applications and issue an Examination Report, usually 3-6 months from the date.
  2. Once the Response to Examination Report is filed, the application may be listed for a hearing, and subsequently, a Registration Certification is duly issued. The initial duration of a Design Registration is ten years, and is extendable by five more 

How MAHESHWARI & CO. can help

In a crowded bazaar, a registered design stops knock-offs, boosts valuation, and gives you court muscle. MAHESHWARI AND CO. is a full-service Law Firm that represents its clients in a number of complex and high-value transactions. Our seasoned attorneys specialize in all aspects of Intellectual Property Rights. The Firm is well positioned to help companies and individuals leverage their Intellectual Property Rights in India and internationally, aiming to accelerate and strengthen the commercialization of the intellectual properties.

As a trusted legal partner offering end-to-end IP services, including designs, trademarks, patents and copyright advisory, filing, prosecution, enforcement, litigation, as well as holistic portfolio management, the firm can guide clients through complex procedural and substantive IP requirements.

As your long-term partner for your IPR management needs, MAHESHWARI AND CO. would ensure global business expansion and comprehensively protect client’s Intellectual Property Rights with alacrity and prompt efficiency.

Author: Akshi Seem, Associate Partner