Any person who claims to be the proprietor of any new or original design not previously published in any country can apply for registration of a design in India. In case of a design claiming priority, the Applicant must be a person/entity who has applied for protection for any design in any other convention countries or group of countries or countries, which are members of inter-governmental organizations or his legal representatives, alone or jointly with any other person. The Indian Design Laws provide for 6 months priority from the date of the earliest application.

The application for a design should be in the manner prescribed under the Designs Act, 2000 and the Designs Rules, 2001. A Design application has to be filed in the form prescribed under the Designs Rules alongwith the requisite official fee. In preparing the Design specification, it to be ensured that the various claims regarding the Design in its entirety with all it’ modification have been covered.It has to be filed in the prescribed form and the official fee is to be paid. Separate application needs to be filed for each design. The same design can be registered in more than one class. The Schedule annexed to the Design Rules Provides for the classes in which the application for design can be filed. This Schedule follows the Locarno Classification.

The date of registration of design will be the same as the date of the application for registration.

Upon filing the application for design, the Controller of Patents and Design will refer the matter to the Examiner of Designs. The Examiner will verify whether the application conforms to the formal and substantive requirements as legally prescribed.

After acceptance of the application the Design Office will proceed to grant registration.

The term of registration is for 15 years. The registration is valid for an initial term of 10 years and by renewal this term could be extended for another 5 years.

The Patents & Designs Office issues an official filing receipt as soon as the application has been filed. Thereafter the Patents & Designs Office issues the First Office Action which may contain formal and/or substantive objections in respect of the application for registration.

A design registration can be obtained within a period of 12 (Twelve) months.