Chapter II - Registration of Designs
Section 5
Section 5: application for registration of designs
Section 5 sets the application path for a new or original design. The Controller refers an application for examination and may register or refuse it; filing alone does not create a registered design.
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Need advice on Section 5?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this Act: Provided that the Controller shall before such registration refer the application for examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this Act and the rules made thereunder and consider the report of the examiner on such reference.
(2) Every application under sub-section (1) shall be in the prescribed form and shall be filed in the Patent Office in the prescribed manner and shall be accompanied by the prescribed fee.
(3) A design may be registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the Controller may decide the question.
(4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal to the High Court.
(5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned.
(6) A design when registered shall be registered as of the date of the application for registration.
Introduction
Section 5 should be used with section 4's registration prohibitions and the current Designs Rules, 2001. Rule 11 addresses application particulars and representations; the Controller's examination and objection process is governed by further rules.
Key takeaways
Claimed proprietor
The applicant must claim to be proprietor of a new or original design, not previously published in any country and not contrary to public order or morality.
Mandatory examination
Before registration, the Controller refers the application to an examiner and considers that report.
One class
A design may be registered in no more than one class; the Controller decides a disputed class.
Refusal and abandonment
Refusal is appealable to the High Court; default or neglect that leaves an application incomplete beyond prescribed time may lead to deemed abandonment.
Prepare the representation and class
Identify the correct proprietor and visual design, the article and its class. Rule 11 requires the application to state the class and article and specifies representations; Rule 14 supplies representation requirements.
Examination and objections
The Controller must obtain and consider the examiner's report. If objections are raised, follow the current Rules for response or hearing; missing the prescribed completion time can trigger section 5(5) abandonment.
Decision and registration date
If refused, section 5(4) permits an aggrieved person to appeal to the High Court. If registered, section 5(6) makes the registration date the application date; confirm that date in the register for term calculations under section 11.
Practical checklist
Do
- Run a novelty/disclosure check under section 4 before filing.
- Confirm proprietor, article, class and representations under the current Rules.
- Track objections and completion deadlines; retain filing and fee receipts.
Avoid
- Do not treat an application as registration.
- Do not ignore an objection letter or assume an extension is automatic.
Glossary
- Controller
- The statutory decision-maker for examination, registration and refusal of designs.
- Representation
- The drawings, photographs or specimens depicting the design in the prescribed application.
- Abandoned application
- An application deemed abandoned under section 5(5) if applicant default or neglect prevents completion within prescribed time.
Frequently asked questions
Can one design be registered in multiple classes?
Section 5(3) says a design may be registered in not more than one class.
Is refusal appealable?
Yes. Section 5(4) gives an aggrieved person an appeal to the High Court.
Does filing itself create registration?
No. The Controller must examine and register the design; section 5(6) then specifies the registration date.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026