Extension Possibility

• Yes, the term of a registered design in India can be extended.
  
• The extension is allowed once after the initial registration period.
  
• The total term including extension can be up to fifteen years.
  
• The extension is granted for a fixed period of five additional years.
  
• The request must be made before the expiry of the original term.
  

Legal Provision

• Section 11 of the Designs Act, 2000 governs the extension of registration.
  
• The Designs Rules, 2001 specify the procedural requirements.
  
• The law permits only one extension for each registered design.
  
• No further extension is permitted beyond fifteen years in total.
  
• The extension maintains the exclusive rights of the design holder.
  

Procedure for Extension

• The extension must be requested using Form-3.
  
• The request should be filed before the initial ten-year term expires.
  
• The prescribed fee must be paid based on the applicant’s category.
  
• The application is submitted to the Controller of Designs.
  
• On acceptance, the design is renewed for the additional five-year term.
  

Consequences of Not Extending

• If not extended, the design protection ceases after ten years.
  
• The design then enters the public domain and can be freely used.
  
• No legal action can be taken for unauthorized use after expiry.
  
• Once expired, the registration cannot be revived or restored.
  
• The lapse is permanent and protection cannot be reclaimed.
  

Administrative Responsibility

• The extension process is managed by the Design Office in Kolkata.
  
• The Controller General of Patents, Designs and Trade Marks oversees the register.
  
• Details of extensions are recorded in the official Register of Designs.
  
• Updates are published in the Designs Journal for public notice.
  
• Proper recordkeeping is essential to confirm extended protection.