A practical checklist for product creators, startups and manufacturers
PROTECT THE LOOK OF YOUR PRODUCT
Design registration in India can protect distinctive visual features such as shape, configuration, pattern and ornamentation.
Prepared for publication by Epiphany IP Solutions Last reviewed: July 2026
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
How to use this guide
This starter guide helps you identify whether the appearance of a product may be worth evaluating for design registration in India. It is designed for early-stage product creators, founders, manufacturers, in-house teams, industrial designers and overseas applicants planning an Indian filing.
Use this guide before public disclosure
The safest time to assess design protection is before the product is shown publicly, advertised, sold or uploaded online.
What this guide will help you do
separate visual design features from technical functionality;
identify novelty and disclosure risks;
prepare a filing-ready set of product views;
collect ownership and applicant information;
choose between design, patent, trademark and copyright protection; and
prepare for an initial discussion with an IP professional.
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
1. The 60-second protectability check
Is the feature mainly visual, rather than how the product works? YES / NO / UNSURE
Is it applied to a product or article? YES / NO / UNSURE
Is the appearance new or original? YES / NO / UNSURE
Has it been kept confidential before filing? YES / NO / UNSURE
Can the visual features be shown clearly in consistent views? YES / NO / UNSURE
Mostly “Yes”?
Your product may be suitable for a design-registration assessment. File before public disclosure wherever possible.
Any “No” or “Unsure”?
Do not rule protection out without advice. A product may contain a protectable visual feature even where some other features are functional or already known.
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
2. What may be protected, and what usually is not
Potentially protectable visual features
Usually outside design protection
□ distinctive overall product shape
□ how the product works
□ external configuration or contour
□ a method or manufacturing process
□ surface pattern or ornamentation
□ a construction principle
□ composition of lines or colours
□ a feature dictated solely by function
□ visual arrangement applied to an article
□ an abstract idea
□ a visually identifiable part of an article
□ a brand name or logo as such
Quick product feature inventory
Write down the three visual features that a customer would notice first:
1.
2.
3.
Now identify any feature that exists only because the product must perform a technical function:
1.
2.
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3. Pre-disclosure emergency checklist
Check every channel through which the design may have been disclosed:
website, app store, online marketplace or product listing;
social media post, video, teaser or press release;
trade fair, public demonstration or exhibition;
brochure, catalogue, investor deck or unrestricted presentation;
crowdfunding page or pre-order campaign;
sample provided to a distributor, customer or manufacturer;
sale, commercial use or public installation; and
foreign filing, publication or launch.
If no public disclosure has occurred
Preserve confidentiality and plan the filing before launch. Use NDAs and access controls where appropriate.
If disclosure has already occurred
Record exactly what was disclosed, where, to whom and on what date. Seek advice promptly. Do not rely on a broad grace period.
Disclosure record
Earliest disclosure date:
Country / platform / event:
What was shown:
Was confidentiality required? Yes / No / Unsure:
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
4. Product views and representation checklist
PERSPECTIVE
FRONT
REAR
LEFT
RIGHT
TOP
BOTTOM
All views show the same product and the same proportions.
The product fills the frame and is not obscured.
The background is plain and consistent.
No dimensions, arrows or engineering notes appear unless specifically required.
Words, logos and labels are removed or identified for disclaimer.
Reflections and shadows do not hide visual features.
Colour treatment is deliberate and consistent.
Any unclaimed portion is identified for suitable treatment.
A perspective view clearly communicates the overall appearance.
Practical rule Do not assume that one attractive marketing photograph is enough. Filing representations must define the design consistently from all relevant directions. Broken or dotted lines should be used only with a clear and legally appropriate treatment of unclaimed matter.
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
5. Filing-readiness document checklist
Applicant details
Full legal name
Address and nationality / country of incorporation
Applicant category and supporting documents
Authorised signatory details
Product and design details
Article name
Product category and intended use
Distinctive visual features
Expected launch date
Countries in which protection is required
Ownership
Name of the designer or design team
Employee, founder, agency, consultant or manufacturer relationship
Written assignment or employment ownership terms
Any joint owner or co-developer
Filing materials
Perspective and orthographic views
CAD files, if available
Statement of novelty input
Details of words, logos, colours or functional matter to disclaim
Priority application details, if any
Power of attorney, where required
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
Ownership warning
Where an external designer, consultant, manufacturer or agency created the appearance, confirm that the applicant owns the right to file before submission.
6. Choose the right IP protection mix
DESIGN
How the product looks
Shape, configuration, pattern, ornamentation
PATENT
How the invention works
New technical features, systems, methods
TRADEMARK
How customers identify the source
Names, logos, signs and brand identifiers
COPYRIGHT
Original creative expression
Drawings, artwork, text and eligible creative works
Many products need more than one type of IP protection. Use the questions below as a preliminary guide:
Design registration: Is the product appearance distinctive and commercially important?
Patent: Is there a new technical function, structure, system or process?
Trademark: Is there a name, logo, packaging sign or source identifier customers will rely on?
Copyright: Is there original artwork, text, drawing, software or other creative expression?
Portfolio approach A product can have a patent for its technology, a design registration for its appearance, a trademark for its brand and copyright in eligible drawings or creative content.
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
7. Preliminary self-assessment worksheet
Article / product name
What does the product do?
Which visual features are distinctive?
Which features are mainly functional?
Has the design been disclosed anywhere? [Yes / No / Unsure]
Earliest disclosure or planned launch date
Who created the design?
Does the applicant own the design? [Yes / No / Unsure]
Are consistent views or CAD files available? [Yes / No / Partly]
Countries of commercial interest
EPIPHANY IP SOLUTIONSINDIA DESIGN PROTECTION
8. Next step: obtain an initial design assessment
A preliminary professional review can help identify whether the visual features are potentially suitable for design registration, whether disclosure creates urgency, what views are required and whether patent, trademark or copyright protection should also be considered.
Book a complimentary preliminary design protection review
Send the completed self-assessment together with two to seven clear, non-confidential images, rough sketches or rendered CAD views. An Epiphany IP professional may review the basic information and outline possible next steps, subject to conflict, intake, capacity and jurisdictional checks.
REQUEST MY INITIAL REVIEW
What to send
a short, non-confidential description of the product;
the visual features you consider distinctive;
two to seven photographs, sketches or rendered CAD views;
Legal, confidentiality and deadline notice: This guide and any complimentary initial discussion provide preliminary general information only. They are not legal advice and do not constitute a formal registrability, validity, infringement, enforceability or freedom-to-operate opinion. Viewing, completing, downloading or sending this guide does not create a professional-client, agent-client, attorney-client, confidential, fiduciary or other advisory relationship. No engagement exists unless separately confirmed in writing. Epiphany IP Solutions does not accept responsibility for filing, priority, disclosure, response, renewal, limitation or other deadlines merely because information has been submitted. Do not send trade secrets, unpublished enabling technical details or other highly sensitive information until suitable confidentiality and engagement arrangements are confirmed.
Current-law caution: Law, official fees, forms, classification practice and Office procedure may change. Check the law and practice in force on the relevant filing date.