Documents Required for Design Registration in India

In India, protecting a product’s unique appearance is a vital step for businesses and creators aiming to gain a competitive edge. Design registration offers legal ownership and market exclusivity. It plays an important role in safeguarding the visual identity of a product. Without the correct documents, the registration process can face delays or rejection. Understanding the required paperwork ensures a smooth application process and helps align the registration with legal compliance and commercial success. In this blog, you will learn about the documents required for design registration in India.

What is Design Registration in India?

Design registration in India is a legal process that helps protect the distinct visual features of a product. These features may include its shape, pattern, style, or overall appearance. This protection is governed by the Designs Act, 2000 and Designs Rules, 2001.  It is overseen by the Controller General of Patents, Designs and Trade Marks (CGPDTM). Once registered, the design owner gains exclusive rights to use the design commercially. This protection prevents others from copying or using the same design, offering creators legal security and a competitive edge in the marketplace.

Who Can Apply for Design Registration?

Below is the list of entities that can apply for a design registration in India:

1. Original Creator of the Design

The person who creates the design is the rightful applicant. The law calls this person the “proprietor” under Section 2(j) of the Designs Act 2000. The creator holds the first legal right to register the design. This person can be an individual or a team that develops the visual appearance of a product.

2. Person Who Acquires the Design

A person who purchases the rights to a design from the original creator also becomes eligible to apply. This includes cases where the design comes under a formal sale, transfer, or assignment. The new owner must show legal proof of the transfer before applying.

3. Person for Whom the Design Is Created

Sometimes, the creator develops a design under a work contract or employment. In such cases, the person or company that pays for the design holds the right to apply. The employer or commissioning party becomes the legal owner of the design under the Designs Act.

4. Legal Successor or Heir

If the original owner passes away or transfers ownership through a legal agreement, the successor or heir can file for design registration. The successor must submit valid legal documents like a will or succession certificate with the application.

5. Joint Applicants

Two or more persons can jointly apply for design registration. They must apply together and provide all required details. The law treats them as joint proprietors, and each holds equal rights in the design.

6. Foreign Applicants through an Indian Agent

A person or company from another country can also apply for design registration in India. However, they must appoint an authorised agent who has an Indian address. This address serves as the official contact point for communication with the Design Office.

7. Entities Eligible under Specific Categories

The Design Rules divide applicants into three categories:

• Natural Person (individual)
• Small Entity (as per MSME norms)
• Other than Small Entity (large businesses or corporations)

Each category has a different government fee. The system continues to support lower fees for startups and small businesses as per the latest rules in 2025.

Documents Required for Design Registration in India

Below is the list of documents required for design registration in India under the Designs Act, 2000 and Designs Rules, 2001:

1. Core Application Documents

• Application Form – Form 1: Contains the applicant’s name, address, nationality, and details of the article/design, including its Locarno classification.
• Design Representations: High-quality drawings/photographs/computer graphics of your design (front, top, side, isometric views, etc.) on white A4 sheets. Submit 2–4 duplicates as per requirements.

2. Supporting Legal & Agent Documents

• Power of Attorney – Form 21: Must be on non-judicial stamp paper (typically Rs. 100–Rs. 200) if filing through a patent agent or advocate.
• Form 24 (Small Entity): If you're claiming small-entity status. Include MSME/Udyam certificate for Indian entities or an affidavit for foreign entities.

3. Identity & Proprietorship Proof

• Applicant Identity & Address Proof: Copy of Aadhaar, PAN, Passport, Voter ID, or driver's licence; plus recent address proof like utility bills or bank statements.
• Declaration of Proprietorship: A self-declaration affirming that you are the owner or author of the design.

4. Priority & Assignment Documents (If Applicable)

• Priority Documents: Certified copy of earlier foreign filing if you're claiming priority within six months.
• Verified English Translation: Needed if the priority document is in any language other than English
• Assignment/Consent Documents: Required if the design creator differs from the applicant

5. Optional & Additional Papers

• Affidavits/Declarations: Sworn statements about novelty, disclaimers (e.g., excluding functional elements or trademarks), or contributors’ consent.
• Board Resolution / Authorization Letter: If the applicant is a company, solidifying the entity's authority to apply
• Living Person Consent: If the design depicts living individuals or their name/image, secure their consent.

Design Classification: Importance of Class Selection

Here is a detailed explanation of the design classification:

1. Defines the Scope of Legal Protection

Class selection determines the exact range of protection for a design. India follows the Locarno Classification, which divides designs into 32 main classes based on the nature of the product. When a design falls under a specific class, it receives protection only for products in that class. If a similar design appears in another class, it may not be treated as infringement. Accurate classification ensures that the applicant gets the fullest legal protection within the right product category.

2. Helps in Prior Art Search and Examination

When the applicant selects the correct class, the examiner can easily search existing designs during the examination process. This makes it simpler to check whether the submitted design is new and original. A mismatch in class causes delays, as the examiner may not find the design under the right category. Proper class selection increases the chance of smooth approval.

3. Ensures Enforcement and Protection Against Infringement

The selected class also plays a key role in legal enforcement. If the design is not registered in the correct class, it becomes difficult to take legal action against someone who copies or misuses it in that category. Enforcement is only possible when the design appears in the exact product class. So, accurate class selection strengthens the legal position of the design owner.

4. Supports International Filing and Priority Claims

India follows the Locarno Classification, which is used in over 90 countries. When an Indian applicant files a design in another country under the Paris Convention, correct class selection ensures smooth international recognition. It also helps while claiming priority rights within six months of filing abroad. This makes the Indian design registration system consistent with international practices.

5. Reduces Procedural Errors and Rectification Costs

When an applicant uses the wrong class, the application may face objections or get rejected. To fix this, the applicant must file rectification forms, which increases cost and time. If the applicant chooses the correct class from the beginning, the process becomes faster and cheaper. It avoids unnecessary revisions and simplifies communication with the Design Office.

6. Improves Visibility in the Design Journal

Designs are published in the Design Journal under their respective classes. If the applicant selects the correct class, it helps others find the design easily. This increases public awareness and reduces the chances of unintentional infringement. It also adds transparency and trust to the registration process.

7. Aligns with Upcoming Legal Reforms

India prepares for the Riyadh Design Law Treaty, which aims to simplify the design registration process across several countries. Proper class selection becomes more important under this treaty because it allows one design application to cover multiple countries using a unified classification. This gives Indian applicants wider protection at a lower cost.

How to File a Design Registration Application in India?

Applicants can file the design registration application through the official IP India e-filing portal or offline.

Here is a step-by-step process to file a design registration application in India:

Step 1: Prepare Form 1

The applicant begins the process by filling out Form 1. This form includes essential details such as the applicant's name, full address, nationality, and the name of the article for which design protection is sought. The applicant must also mention the Locarno classification relevant to the article. Additionally, Form-1 contains a declaration confirming the originality of the design and the applicant’s legal right to own it.

Step 2: Attach Representation Sheets

The applicant must prepare high-quality visual representations of the design. These must include clear illustrations or photographs from different angles, such as front, back, top, bottom, and side views. All images must appear on white A4 sheets as per the official format laid out in the Design Rules. The visuals help the examiner understand the design's features and uniqueness.

Step 3: Select the Correct Class

India follows the internationally accepted Locarno Classification system. The applicant must choose the correct class and subclass based on the nature and purpose of the article. This ensures that the design falls within the right category for examination and legal protection.

Step 4: Pay the Prescribed Fee

The applicant must pay the government filing fee based on the type of entity:

• Rs. 1,000 for individuals
• Rs. 2,000 for small entities or startups
• Rs. 4,000 for others

Online payments are made through internet banking or cards. For physical submissions, payment is accepted through a demand draft, cheque, or cash (only at the Kolkata office).

Step 5: Submit the Application

For online filing, the applicant uploads all required documents through the IP India portal, signs them digitally, and completes the submission. For physical filing, the documents are submitted in hard copy at any Design Office. However, all applications are processed centrally at the Kolkata office.

Step 6: Receive Acknowledgment

Upon successful submission, the applicant receives an acknowledgment slip. In online filing, the system issues this instantly with the application number. In physical filing, the Design Office provides the acknowledgment after accepting the documents.

Step 7: Await Examination

The Design Office examines the application to check for novelty and compliance with the law. No separate request is needed for this process. If the examiner raises objections, the applicant must respond within the prescribed time.

Timeline and Validity of Registered Design

In India, a registered design remains valid for ten years from the date of registration. After this period, the owner may extend the protection for an additional five years by filing form 3. If the design is not renewed within the initial term, it does not expire permanently right away. The owner still gets a one-year window to apply for restoration. To restore the design, the applicant must meet specific conditions and pay the required restoration fee.

Conclusion

Design registration in India provides legal protection for the visual appearance of a product. Understanding the correct documents and following the proper steps is crucial for design registration in India. Every document plays an important role. Proper documentation helps avoid mistakes, saves time, and prevents rejection. It also ensures that the design meets legal standards. When the applicant submits accurate and complete paperwork, the approval process becomes faster and easier. This gives the design owner strong legal rights and long-term market benefits. If you have any queries regarding design registration, contact Online Legal India to get assistance.