DESIGN REGISTRATION
A Design application allows a proprietor to apply for protection of new and unique features of their product/article such as its shape, composition of colours or lines, pattern, ornamentation or configuration (as judged solely by the eye) in either two or three dimensions. Who can apply for a design in India? - Design application can be filed by any person/ proprietor of any new or original design, which has not been previously published in any country and is not contrary to public order or morality. The person may be: an individual, a firm, a partnership/corporate body and a legal entity. Design registration in India, governed by the Designs Act of 2000, protects the unique visual appearance, shape, configuration, pattern, or ornamentation of an article (such as furniture, bottles, toys, electronic housings, jewellery, or textiles) provided that the design is new, original, and not previously published or disclosed.
One should file the application as close as possible to the date of creation of the design and before it is made public either by use or publication, so that the design remains new at the time of such application. Ultimately, while it is legally possible to file a design application yourself through the IPO's online portal, the combination of technical classification, strict representation rules, and the need for legal responses to objections makes design registration services a valuable investment to secure exclusive rights over your product's unique look. For most product designers, small manufacturers, and startups in India, using a professional service is highly advisable because the IPO is strict about formal requirements, and a single incorrect view or misclassification can lead to a fatal objection that cannot be cured.
