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Can a registered design be modified later?

Restriction on Modification

  • A registered design cannot be modified in its essential features after registration.
  • The Designs Act, 2000 does not permit alteration of the registered visual elements.
  • The design must remain as originally submitted and approved.
  • Any material change requires a new design application.
  • Legal protection applies only to the registered version of the design.

What Changes Are Not Allowed

  • Altering the shape, configuration, pattern, or ornamentation is not permitted.
  • Modifying the class or article of the design is not accepted.
  • Changes to novelty statements after registration are restricted.
  • Substituting or replacing views in the design representations is prohibited.
  • Redesigning for commercial or technical improvements must follow a new application process.

Permitted Administrative Updates

  • Changes in the name or address of the proprietor can be recorded.
  • Ownership can be updated through assignment, license, or transmission.
  • Corrections of clerical errors in the Register of Designs are allowed.
  • These changes must be made by filing prescribed forms and paying applicable fees.
  • Supporting documents are required to process such administrative updates.

Filing a New Application for Changes

  • If the design is altered significantly, a new application must be filed.
  • The new design will undergo fresh examination and registration.
  • A different registration number will be issued for the modified design.
  • The original registration remains unaffected unless voluntarily surrendered.
  • The new filing must comply with all standard requirements and fees.

Legal and Procedural Guidelines

  • Section 8 and related rules of the Designs Act, 2000 govern post-registration changes.
  • The Design Office does not allow substitution of the registered design.
  • All modification attempts must comply with statutory limitations.
  • The Designs Journal publishes allowed administrative updates, not design alterations.
  • Legal remedies are limited to the design as originally registered.

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