What is an Industrial design?

Design means features of shape, configuration, pattern, ornamentation, or composition of lines or colors 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; but does not include any trademarks or mechanical action or function. So if the design of your product is unique and makes you stand out of your competitors you should immediately consider registering an Industrial design to get industrial design protection in India.

Eg: Shape and configuration of a pet bottle, pen, car, chair, mobile phone, sarees, shirts, ornamental design of a mat.

Procedures for design registration India:

• Industrial Design Search in appropriate class
• Preparing Industrial design application and representation sheets
• Filing of Industrial design application with Controller of Designs, Kolkata along with Power of authority
• Clearing Objections
• Attending Show cause Hearing in case of further objection by Design Attorney
• Grant of Industrial Design Registration

Design registration Requirements:

• Full names and addresses of Applicant as well as Designer
• Title/Name of Article to which a design is applied.
• Photographs are acceptable. Provide different views as directed by the Design Attorney. (Shadings are not allowed). If the products are small we shall take necessary photographs on receipt of a sample.
• Details of Convention Priority, if any- first filed country, filing number, and date; the term of priority is six (6) months. Certified copy of the application which is the basis of the Convention priority (if applicable)
• Power of Authorization in the prescribed format (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
• Fees ( Official fees & Professional charges for filing application)

Timeline for Industrial registration:

Only 5 weeks - Eight (8) months from the date of application.

Design Renewal India:

Design is valid for 10 years and it can be renewed for a further period of 5 years

Enforcement of Design rights:

You can enforce design rights only from the date of registration though you can claim priority of use from the date of application. 

List of products commonly registered as Industrial designs :

Here is a comprehensive list of products that can be registered as industrial designs, categorized according to Classes 1 to 30

Class 1: Foodstuffs

1. Bakery products
2. Pastries
3. Confectionery

Foodstuffs design registration, Bakery product design, Confectionery design protection

Class 2: Clothing and Haberdashery

1. Clothing items
2. Footwear
3. Headgear

Clothing design protection, Footwear design registration, Headgear design patents

Class 3: Travel Goods, Cases, Parasols, and Personal Belongings

1. Luggage
2. Handbags
3. Umbrellas

Luggage design registration, Handbag design protection, Umbrella design patent

Class 4: Brushware

1. Tooth brushes
2. Hair brushes
3. Paint brushes

Toothbrush design protection, Hairbrush design registration, Paintbrush design patent

Class 5: Textile Piece Goods, Artificial and Natural Sheet Material

1. Fabric patterns
2. Textile designs
3. Sheet materials

Fabric design registration, Textile design protection, Sheet material design patent

Class 6: Furnishing

1. Furniture
2. Bedding
3. Mats
4. Curtains

Furniture design protection, Bedding design registration, Curtain design patent

Class 7: Household Goods, Not Elsewhere Specified

1. Kitchen utensils
2. Tableware
3. Home appliances

 Kitchen utensil design, Tableware design protection, Home appliance design patent

Class 8: Tools and Hardware

1. Hand tools
2. Garden tools
3. Locks

Hand tool design registration, Garden tool design protection, Lock design patent

Class 9: Packages and Containers for the Transport or Handling of Goods

1. Bottles, Cans
2. Storage water tanks
3. Boxes

Bottle design protection, Can design registration, Box design patent

Class 10: Clocks and Watches and Other Measuring Instruments, Checking and Signaling Instruments

1. Watches
2. Clocks
3. Measuring instruments

Watch design registration, Clock design protection, Measuring instrument design patent

Class 11: Articles of Adornment

1. Jewelry
2. Ornaments
3. Brooches

Jewelry design protection, Ornament design registration, Brooch design patent

Class 12: Means of Transport or Hoisting

1. Cars
2. Bicycles
3. Aircraft

Car design registration, Bicycle design protection, Aircraft design patent

Class 13: Equipment for Production, Distribution, or Transformation of Electricity

1. Electrical appliances
2. Power tools
3. Transformers
4. Termination box, FTTH distribution Box

Electrical appliance design, Power tool design registration, Transformer design patent

Class 14: Recording, Communication or Information Retrieval Equipment

1. Computers
2. Mobile phones
3. Cameras

Computer design protection, Mobile phone design registration, Camera design patent

Class 15: Machines, Not Elsewhere Specified

1. Industrial machines
2. Construction equipment
3. Farm machinery

Industrial machine design, Construction equipment design, Farm machinery design patent

Class 16: Photographic, Cinematographic, and Optical Apparatus

1. Cameras
2. Projectors
3. Optical instruments

Camera design registration, Projector design protection, Optical instrument design patent

Class 17: Musical Instruments

1. Guitars
2. Pianos
3. Drums

Guitar design protection, Piano design registration, Drum design patent

Class 18: Printing and Office Machinery

1. Printers
2. Copiers
3. Typewriters

Printer design registration, Copier design protection, Typewriter design patent

Class 19: Stationery and Office Equipment, Artists’ and Teaching Materials

1. Pens
2. Notebooks
3. Teaching aids

Pen design registration, Notebook design protection, Teaching aid design patent

Class 20: Sales and Advertising Equipment, Signs

1. Billboards
2. Display stands
3. Signboards

Billboard design protection, Display stand design, Signboard design registration

Class 21: Games, Toys, Tents, and Sports Goods

1. Toys
2. Sports equipment
3. Tents

Toy design registration, Sports equipment design protection, Tent design patent

Class 22: Arms, Pyrotechnic Articles, Articles for Hunting, Fishing, and Pest Killing

1. Firearms
2. Fishing rods
3. Traps

Firearm design protection, Fishing rod design registration, Trap design patent

Class 23: Fluid Distribution Equipment, Sanitary, Heating, Ventilation, and Air-Conditioning Equipment

1. Pipes, Rain water gutter
2. Air conditioners, Air coolers
3. Water heaters
4. Ceiling Fans, Pedestal fans

Pipe design registration, Air conditioner design protection, Water heater design patent

Class 24: Medical and Laboratory Equipment

1. Surgical instruments
2. Laboratory equipment
3. Medical devices

Surgical instrument design, Laboratory equipment design, Medical device design protection

Class 25: Building Units and Construction Elements

1. Bricks
2. Roofing tiles
3. Concrete blocks

Brick design protection, Roofing tile design registration, Concrete block design patent

Class 26: Lighting Apparatus

1. Lamps
2. Light fixtures
3. LED lights

Lamp design registration, Light fixture design protection, LED light design patent

Class 27: Tobacco and Smokers’ Supplies

1. Cigarette lighters
2. Cigar boxes
3. Pipes

Cigarette lighter design, Cigar box design protection, Pipe design patent

Class 28: Pharmaceutical and Cosmetic Products, Toilet Articles, and Apparatus

1. Perfume bottles
2. Cosmetic containers
3. Toothbrush holders

Perfume bottle design, Cosmetic container design protection, Toothbrush holder design patent

Class 29: Devices and Equipment Against Fire Hazards, for Accident Prevention, and Rescue

1. Fire extinguishers
2. Safety helmets
3. Life vests

Fire extinguisher design, Safety helmet design protection, Life vest design registration

Class 30: Articles for the Care and Handling of Animals

1. Pet toys
2. Animal feeders
3. Leashes

Pet toy design registration, Animal feeder design protection, Leash design patent

FAQs About Industrial Design Services in India:

What is an industrial design?

An industrial design is the ornamental or aesthetic aspect of an article, which can be protected by registration.

How do I register an industrial design in India?

File an application with the Design Office, including drawings or photographs of the design.

What are the requirements for an industrial design to be registered?

The design must be new, original, and not previously published in any country.

How long does industrial design protection last in India?

Industrial design protection lasts for 10 years, renewable for an additional 5 years.

What is the difference between a design patent and a utility patent?

A design patent protects the appearance of a product, while a utility patent protects its functional aspects.

Can an industrial design be renewed?

Yes, industrial design protection can be renewed for an additional 5 years after the initial 10-year term.

What constitutes design infringement?

Design infringement occurs when an unauthorized party uses a registered design.

How can I enforce my design rights?

Registered Design owners can take legal action against infringers.

Can industrial designs be sold or licensed?

Yes, industrial designs can be sold or licensed to others.

What is the cost of registering an industrial design in India?

Costs vary depending on the type of application and whether legal assistance is used. Design Attorneys with experience in handling design applications with high success rates will typically charge more.

How can I check if a design is already registered?

You can search the Design Office’s database or you can entrust your design attorney to do the search and provide an opinion or you may apply to the Patent office to get a Search report

What is the role of a design attorney?

Design attorneys help with the registration process, provide legal advice, and assist in enforcing design rights.

Can I protect my design internationally?

You can file for design protection in other countries or through international treaties such as the Hague Agreement.

What are the benefits of registering an industrial design?

Registration provides legal protection, deters infringement, and can enhance the commercial value of your product.

How do I handle design infringement disputes?

You can negotiate settlements, seek mediation, or take legal action to resolve disputes.