Design Registration Renewal and Restoration
In today's competitive business environment, the protection of industrial designs is vital for maintaining a strategic market advantage. An industrial design refers to the aesthetic or ornamental features of an article, including its shape, pattern, or configuration. A registered design provides the owner with the exclusive right to prevent unauthorized manufacture, sale, or importation of products that incorporate or replicate the registered design.

Regulations Applicable to Design Registration Renewal and Restoration in India
The renewal and restoration of design registration in India are governed by the Designs Act, 2000, and the rules framed under it. The Act provides the legal structure for registering and enforcing industrial designs. It outlines eligibility criteria for two-dimensional and three-dimensional designs and specifies the procedures for renewal and restoration of registrations.

Design registration initially protects a design for a period of ten years from the date of registration. This period can be extended for an additional five years upon application for renewal.

Benefits of Design Registration Renewal and Restoration

1. Continuation of Protection
   Renewal ensures that the registered design continues to be legally protected, allowing the owner to enforce rights against infringement or unauthorized use.
   
   

2. Avoidance of Rights Lapse
   Failure to renew a design registration within the prescribed time can result in the loss of exclusive rights. Timely renewal helps prevent this lapse.
   
   

3. Enhanced Intellectual Property Value
   A valid and renewed design registration adds credibility and commercial value to the intellectual property portfolio, making it attractive to investors, buyers, and licensees.
   
   

4. Cost-Effective Legal Strategy
   Renewing a design registration is significantly more cost-effective and time-efficient than initiating a fresh design registration process.
   
   

5. Restoration of Lapsed Design
   In the event of an unintentional lapse, the Designs Act allows the design owner to file a restoration application within six months from the date of expiration. Upon approval, the rights associated with the design are reinstated.
   
   
   

Eligibility and Mandatory Pre-Requisites for Design Registration Renewal and Restoration in India

To be eligible for the renewal or restoration of a registered design in India, certain conditions must be fulfilled as per the Designs Act, 2000:

1. Originality
   The design must be original and not previously published or used in India.
   
   

2. Subject Matter
   The design must pertain to the shape, configuration, pattern, ornamentation, or composition of lines or colors applied to an article.
   
   

3. Industrial Application
   The design must be capable of being applied to an article by an industrial process or means.
   
   

4. Novelty
   The design must be new or original and should not have been disclosed to the public in any manner prior to the application.
   
   

5. Public Order and Morality
   The design must not be against public order or morality.
   
   

6. Ten-Year Limit
   Renewal can only be applied for within the original validity of ten years. Restoration is only possible if the application is made within six months after the expiry of this period.
   
   
   

Documents Required for Design Registration Renewal and Restoration

The following documents must be submitted when applying for the renewal or restoration of a registered design in India:

1. Prescribed Application Form
   A duly filled application for renewal or restoration in the format specified under the Designs Rules.
   
   

2. Design Representation
   A clear representation or image of the design showing all the features for which protection is sought.
   
   

3. Statement of Novelty
   A declaration indicating that the design is new and original, and has not been published or used previously.
   
   

4. Power of Attorney
   If the application is filed through an authorized agent or legal representative, a power of attorney must be included.
   
   

5. Priority Document
   If the applicant is claiming priority based on an earlier foreign application, a certified copy of the priority document must be submitted.
   
   
   
   

Procedure for Design Registration Renewal and Restoration

Assessment and Strategy

We will conduct an initial assessment of your design registration and determine the type of renewal or restoration services required. Our team of experts will develop a strategy to renew or restore your design registration in the most efficient and cost-effective way possible.

Application Preparation

Our team will prepare and submit the necessary applications for design registration renewal or restoration on your behalf. We will ensure that all the Documents are completed accurately and submitted in a timely manner.

Follow-up and Monitoring

We will monitor the progress of your application and follow up with the relevant authorities to ensure that your application is processed efficiently. We will keep you informed of any updates or changes to the status of your application.

Registration Renewal or Restoration

Once your application has been approved, we will assist you in renewing or restoring your design registration. Our team will ensure that all the necessary procedures are completed on time and without any hassle.

With our team of experienced professionals, we can help you protect your industrial designs and prevent unauthorized use by competitors. Contact us today to learn more about our Design Registration Renewal and Restoration services.

Validity Of Design Registration

The validity of a design registration in India is ten years from the date of filing the application. After ten years, the design registration will expire. However, you can renew the registration for an additional period of five years. The renewal application must be filed before the expiration of the initial ten-year period.

Cancellation of Design Registration 

Your design registration may be cancelled in the following situations:

• Non-payment of Renewal Fees: If you fail to pay the renewal fees for your design registration, it may be cancelled.
• Non-Use of Design: If you do not use your design for a period of five years from the date of registration, it may be cancelled.
• Invalidity: If your design registration is found to be invalid due to prior use or publication, it may be cancelled.