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Design Registration Renewal and Restoration

Industrial design protection is essential for businesses to get the upper hand in the market in the present fiercely competitive business environment. Industrial Design refers to an object's enhancing or creative elements, such as its structure, pattern, and arrangement. The restrictive right to stop anyone from producing, importing, or selling goods with or typifying a copy of an enrolled modern plan has a place with the owner of the enlisted plan.

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Regulations Applicable to Design Registration Renewal and Restoration in India:

The Designs Act, 2000 and the guidelines grew thereunder control design registration in India. The Designs Act indicates the requirements for Design registration and provides the legitimate foundation for the protection and necessity of industrial designs. Two-and three-layered designs are some of these designs that the Designs Act concludes that they are eligible for registration.

Benefits of Design Registration Renewal and Restoration

Continuation of Protection: You can make sure that your Design is protected against infringement by renewing your registration. It also provides support for forestalling improper use of your Design by external parties.
Avoiding Loss of Rights: You risk losing your design privileges in the event that you don't restore your registration before it terminates. Renewing helps with forestalling this loss of entitlement.
Increased Value: Your intellectual property portfolio gains respect by a renewed design registration, making it more interesting to licensees or buyers.
Cost-Effective: It is more affordable to renew your design registration than to register another one. It also helps you with trying not to sit around idly on the registration process.
Restoration of Lapsed Design Registration: You have a half year from the date of termination to file a restoration application to renew a lapsed design registration. Restoration ensures the rights to your Design are preserved.

Eligibility and Required Pre-Necessities for Design Registration Renewal and Restoration in India.

The requirements listed below must be met in order to renew or restore your design registration in India:

The Design should be unique and hasn't been released in India before.
The shape, arrangement, pattern, ornamentation, or arrangement of lines or colours applied to an object must all be considered in the Design.
Any article must have the Design applied to utilise any industrial technique or process.
The Design needs to be fresh or unique and unreleased to the public.
The Design cannot go against morality or public order.
The Design must be older than ten years when it was registered.

Requirements for the Design Registration Renewal and Restoration

The following are a few prerequisites for the renewal and Restoration of design registrations:

The renewal application for a design registration must be submitted before the end of the real ten-year period.
It is necessary to record the renewal of a registered design in the Register of Designs.
One week from the date of Form-3's receipt, the Designs wing must complete the Design Renewal procedures.
The Design Wing should publish the reality of the renewal of the Design in the Patent Office journal.
Requirements for Restoration of Lapsed or Expired Design
An application for the Restoration of an expired design can be made by the registered owner or their legal agent.
Should the registered design owner neglect to record a name change before or following termination, they must first apply for the name change in the Design register. Only after the name change has been reflected in the Design Register should an application for the Restoration of an expired design be submitted.
If someone else files an application for Restoration on their own behalf as the registered designer, Form-11—which modifies ownership or name in the Design Register—must be submitted with the application. According to the terms of the Design Act, the Restoration application should have only been made after the ownership change was impacted. However, Design Wing will not consider a Restoration application from the asserted ownership of the Design if the ownership or name changed after the registered Design expired or lapsed to have an impact.
If there are two or more people who own the Design, then, with permission from the controller, one or more of them may apply for the Restoration of the Expired Design without having to join the others.

Procedure for Design Registration Renewal and Restoration

Assessment and Strategy

We will evaluate your design registration in the first place and decide what kind of renewal or restoration work is required. Our team of professionals will devise a plan to renew or reinstate your design registration in the most expedient and economical way that is possible.

Application Preparation

For your benefit, our staff will draft and submit the necessary application for a renewal or Restoration of the design registration. We'll ensure that each record is precisely completed and filed on time.

Follow-up and Monitoring

To ensure that your application is taken care of effectively, we will follow its development of events and reach out to the appropriate authorities in each individual case. Any updates or changes to the status of your application will be communicated to you.

Registration Renewal or Restoration

Upon approval of your application, we will help you to reinstate or renew your design registration. Our group will make sure that every necessary procedure is completed without incident and on schedule.

With the support of our knowledgeable staff, we can guard your industrial concepts and stop competitors from using them without permission.

Validity of Design Registration

In India, a design registration is valid for ten years after the application date. The design registration will expire in ten years. On the other hand, you can extend the registration for five more years. Before the first ten years expire, the renewal application must be submitted.

Cancellation of Design Registration

The following scenarios could result in the cancellation of your design registration:

Failure to Pay Renewal payments: Your design registration may be discontinued in the event that you do not pay the renewal payments.
Non-use of Design: Your Design may be revoked if it is not utilised for five years after the registration date.
Invalidity: Your design registration may be revoked if it is determined that it is invalid because of earlier usage or publication.

Why Kanakkupillai?

At Kanakkupillai, we use our industry experience and knowledge to guide companies through intricate laws, reduce risks, and streamline processes for optimal productivity and profitability. From giving you advice in the beginning to making sure you comply with all post-registration compliances and regulations, we can assist you with it all.

Frequently Asked Questions

Design registration: what is it? +

Design registration is the most common way of getting a legitimate right over an item's Design to safeguard its particular appearance.

What advantages does design registration offer? +

Exclusive ownership rights, security against infringement, and increased design value are among the advantages of registering a design.

How long is a design registration valid? +

A design registration can be renewed every five years after the initial ten-year period of validity.

What is an application for design registration for Restoration? +

An application for design registration restoration was submitted in the event that the registered Design was not renewed within the allotted period of time.

How long does it take to restore a lapsed design registration? +

A lapsed design registration might be restored within a half year of the registration's termination date.

What is a design registration renewal application? +

To prolong the design registration's validity period, a renewal application is submitted.

Can changes be made to a registered design? +

Modifying a registered design is beyond the realm of possibilities; be that as it may, any progressions made to the original Design might be submitted as another application.

How does one go about registering a design? +

The steps involved in registering a design are presenting an application to the Design Office, having it inspected by the office, publishing it, and registering it afterwards.

Is legal representation required to register a design? +

No, hiring a lawyer is not required for design registration, although it is advised to guarantee a quick and easy registration procedure.

Should a design be updated? +

The Design may be further extended for an additional five years with a completed application and payment of fees to the controller.

Which Design is not eligible for registration? +

It is not possible to register books, certificates, plan cards, stamps, greeting cards, medals, maps, dressmaking patterns, etc., as designs.

What kind of Design can be registered? +

The exclusive rights to the entire or partial visual appearance of a design, such as texture, shape, or colour when applied to a functional device, are known as registered design rights.

Is a design protected by copyright? +

If you draw original sketches of your designs, the Copyright Law protects those drawings.

What is covered by an issued design patent? +

The patent legislation allowed anybody who invented a new, distinctive decorative design for a manufactured good to be granted a design patent.