Chapter II - Registration of Designs
Section 6
Section 6: Registration for particular articles
Section 6 ties registration to particular articles within a prescribed class. It also addresses later registrations by the same proprietor and certain cases where an applicant acquires an earlier registered design while the application remains pending.
On this page
Need advice on Section 6?
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) A design may be registered in respect of any or all of the articles comprised in a prescribed class of articles.
(2) Any question arising as to the class within which any article falls shall be determined by the Controller whose decision in the matter shall be final.
(3) Where a design has been registered in respect of any article comprised in a class of article, the application of the proprietor of the design to register it in respect of some one or more other articles comprised in that class of articles shall not be refused, nor shall the registration thereof invalidated—
(a) on the ground of the design not being a new or original design, by reason only that it was so previously registered; or
(b) on the ground of the design having been previously published in India or in any other country, by reason only that it has been applied to article in respect of which it was previously registered:
Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration.
(4) Where any person makes an application for the registration of a design in respect of any article and either—
(a) that design has been previously registered by another person in respect of some other article; or
(b) the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application, the applicant, had been the registered proprietor of that design.
Rule and business relevance
A design may be registered for any or all articles in a prescribed class, with the Controller deciding classification questions. For the proprietor's later application within that class, the stated prior-registration and prior-use grounds alone cannot defeat it. The earlier registration's copyright term is not extended by the later registration.
Limits and related provisions
This is not automatic protection for every product in every class or permission to revive an expired term. Subsection (4) requires the applicant to become the registered proprietor of the earlier design while the application is pending and contains specific identity/variation conditions. Other registration objections remain relevant.
Hypothetical business example
Hypothetical: a proprietor registers a design for one article and later applies for another article in the same class. It uses Section 6's specific protection against the stated earlier-registration objections, while keeping the original copyright end date and checking other registration conditions.
Practical decision flow
Identify the articles and prescribed class covered by the proposed registration.
Check the earlier design's registered proprietor, relevant article and dates, including any pending acquisition.
Apply the narrow statutory protection without extending the earlier copyright term or ignoring other objections.
Practical checklist
Do
- Identify the articles and prescribed class covered by the proposed registration.
- Check the earlier design's registered proprietor, relevant article and dates, including any pending acquisition.
- Apply the narrow statutory protection without extending the earlier copyright term or ignoring other objections.
Avoid
- This is not automatic protection for every product in every class or permission to revive an expired term. Subsection (4) requires the applicant to become the registered proprietor of the earlier design while the application is pending and contains specific identity/variation conditions. Other registration objections remain relevant.
Glossary
- Class of articles
- The prescribed classification used for design registration.
- Subsequent registration
- A later registration assessed here against specified earlier-registration facts.
Frequently asked questions
Does registering another article restart the copyright period?
No. The subsection (3) proviso prevents an extension beyond the period arising from the previous registration.
Does the earlier registration excuse all defects in a later application?
No. The protection concerns the specified grounds arising only from the earlier registration or application of the design.
Can acquisition of the earlier design during a pending application matter?
Yes, if the subsection (4) conditions are met and the applicant becomes its registered proprietor while the application is pending.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026