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 When should I renew a registered design?

Initial Validity Period

  • A registered design in India is valid for ten years from the date of registration.
  • The registration date is counted from the official filing date of the application.
  • During this period, the design holder enjoys exclusive rights over the design.
  • Renewal is required only once, after this initial term.
  • The registration remains active unless it is allowed to lapse.

Renewal Timeline

  • The renewal must be completed before the expiry of the ten-year period.
  • The process can be initiated several months in advance of expiry.
  • Early renewal ensures continuity of protection without legal interruption.
  • There is no grace period or provision for late renewal under the Designs Act.
  • Filing the renewal late results in automatic expiration of the design.

Prescribed Form and Fee

  • Renewal is done by filing Form-3 under the Designs Rules, 2001.
  • The appropriate renewal fee must be paid based on the applicant category.
  • Startups and small entities are eligible for reduced fees.
  • Details such as registration number and applicant information must be included.
  • All documentation must be submitted before the deadline.

Importance of Timely Renewal

  • Timely renewal extends the protection for an additional five years.
  • It preserves the exclusive rights over the commercial use of the design.
  • It prevents the design from entering the public domain.
  • It allows enforcement actions to continue against infringement.
  • Missed renewals cannot be reversed or corrected later.

Legal Reference and Oversight

  • Section 11 of the Designs Act, 2000 governs the term and renewal provisions.
  • The Controller of Designs at the Kolkata Office manages renewal requests.
  • Renewed designs are recorded in the Register of Designs.
  • Status updates are published in the Designs Journal.
  • All filings and payments must conform to the Designs Rules, 2001.

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