Frequently Asked Questions on Designs

Q. What is protected?

•  Features of shape, configuration, pattern, ornament, or composition of lines or colors,
•  Which are applied to a product/ an article, and
• Which appeal to and are judged by the eye.

The application of visual / ornamental features can be in 2D/3D, or both, and must be done by an industrial process or means.

Q. What is not protected?

• Any principle of construction

• Any function/mechanical design and/or any method of construction

• A trademark as defined by the law relating to trademarks; and

• An artistic work under the law relating to copyrights.

Q. What are some examples of protectable designs?

• Shoe designs

• Jewelry designs

• Watch designs

•Bottle/Flask/Sipper/Vase designs

• Lid pattern/designs

• Patterns of fans

• Moulds for confectionary items, such as patterns of chocolate bars, chocolate blocks

• Fabric prints

• Loaders, excavators, drills, wrenches, tools, heavy machinery

• Aesthetic features of any article

​Q. Why register designs?

An action for design piracy can only be filed on the basis of a registered design. The common law remedy of passing-off of an unregistered design is not available. In case an unregistered design is sought to be protected from piracy/imitation by an infringer, the only remedy available is a passing off action, based on the claimant’s common law rights in the trade dress / overall get-up of the article in question. For such a passing off action, however, the claimant would have to prove goodwill and reputation in the trade dress/overall get-up of the article, the threshold for which is not easy to meet.

Q. Does India follow the Locarno Classification?

Yes, India follows the 14th edition of the Locarno Classification.

Q. What are the requirements for registration of a design?

• Must be new or original;

• Must not be disclosed anywhere in the world;

• Must be significantly distinguishable from prior known designs or combination of such designs.

Q. Can priority be claimed in an application?

Yes, priority claim is possible, if filed within 6 months of first filed foreign application.

Q. What is the procedure for registration?

• Once application is filed, the Designs Office examines the application, and may raise objections if any.

• If any objection is raised, there is a period of six (6) months from the date of filing of the application to file a reply.

• If the Office is satisfied with the written reply, then it will issue a registration certificate, or schedule an oral hearing.

Q. What documents are required to file?

• High quality images showing the various views of the design in question.

• In case priority claimed, an original certified copy of the design application filed at the foreign design office.

• Original signed Power of Attorney.

Q. How long does it take from filing to registration?

8-12 months

Q. What is the term of the registration?

Once a design is registered, registration is granted for an initial period of ten (10) years. This period can further be extended for a further period of five (5) years by filing a renewal application.

Q. What are some of the designs that have been successfully enforced against piratical copies?

• Designs of clothing

– Sabyasachi Calcutta LLP v. Mr. Ankit Keyal proprietor Asiana Couture (2022:DHC:1377)

• Designs of containers

– Castrol Limited v. Nareshbhai Babubhai Kanani, Trading as Manorath Company & GDP Lubricants & Anr (CS(COMM) 309/2023, dated May 15, 2023)

– Selvel Industries and Ors. v. Om Plast (India) [Bombay High Court, Suit (L) No. 439 of 2016]

• Designs of footwear

– Relaxo Footwears Ltd. V. Aqualite India Ltd. & Anr (2022/DHC/004461)

​• Design in shape/configuration of fan blade

– Havells India Ltd. v. Panasonic Life Solutions India Pvt. Ltd. [2022 (91) PTC 365 Del]

• Design in pattern of electronic keyboard

– Casio Keisanki Kabushiki Kaisha D/B/A Casio Computer Co. Ltd. v. Riddhi Siddhi Retail Venture & Anr. [2023 (94) PTC 225 (Del)]

• Design of bottle/flask

– Diageo Brands B.V. v. Great Galleon Ventures Ltd. (2022:DHC:2937)