DESIGN RENEWAL
It is imperative to keep registration of a Design valid and subsisting so as to prevent any infringement or dilution of distinctiveness. Validity of a registration of a design is the most essential and therefore renewal fees are to be paid before expiry of 10 years to keep valuable registration in force.
We at PATMARK can help you in timely renewal of design registration at a most cost effective manner.
Frequently Asked Questions
Section 11 and 12 of Design Act, 2000 and read with Rule 25 of the Design Rules, 2001 governs provisions of renewal / extension of design registration.
The registration of a Design is 15 years (subject to renewal on or before expiry of 10 years ) from the date of filing of design application or priority date whichever is earlier. Initially registration is valid for a period of 10 years from the date of the application or priority date whichever is earlier.
The term of registration may be renewed for a further period of 5 years before expiry of an initial term of 10 years and thereafter it vests in a public domain.
The registration of design will be lapsed if no renewal fee is paid on or before expiry of 10 years from the date of design registration.
It is to be noted that no action can be taken against any infringement of design rights until the registration is restored.
There is no grace period available. Failure to pay renewal fees before expiry of design registration will result in lapse of registration.
If design registration is lapsed due to failure to pay renewal fees, lapsed registered design may be restored if a request is filed stating prima facie case / circumstances within a period of 12 (twelve) months from the due date. If the design office is satisfied that the non-payment of renewal was unintentional and application was made as soon as possible, the Design office will ask to pay renewal fees along with additional (penalty) fees within a specified time. Upon payment design registration will be restored.
It would be advisable to have a simply signed Authorisation Form so as to manage and monitor renewal process periodically. There is no need of any Notarisation or Legalization.
| PARTICULARS | GOVERNMENT FEES (INR) | ||
|---|---|---|---|
| INDIVIDUALS | SMALL ENTITY* | LARGE ENTITY** | |
| Renewal of Design before expiry of 10 years of registration | 2000.00 | 4000.00 | 8000.00 |
| Application for Restoration of lapsed design | 1000.00 | 2000.00 | 4000.00 |
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*A SMALL ENTITY is determined in accordance with INVESTMENT IN PLANT AND MACHINERY / EQUIPMENTS BY A MEDIUM ENTERPRISES as defined in Sec 7(1(a) of Micro, Small and Medium Enterprises Development Act, 2006 (MSMD).
| INVESTMENT IN PLANT & MACHINERY | TURNOVER | Classification |
|---|---|---|
| Not exceeding Rs. 1 crore | Not exceeding Rs.5 crore | Micro |
| Not exceeding Rs.10 Crore | Not exceeding Rs.50 Crore | Small |
| Not exceeding Rs.50 Crore | Not exceeding Rs.250 Crore | Medium |
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#START UP means an entity recognised in India by competent authority as Start Up Enterprise.