Renewals, Restoration, Recordals

Patents    Trademarks    Designs

Renewal

In India, the validity of a design is initially 10 years from the date of registration. This can be extended for an additional 5 years by paying the applicable maintenance/renewal fee before the 10-year period expires. Timely payment ensures that the design remains valid for its full term.

Restoration

If the renewal fee is not paid by the due date, the design registration will lapse, as no grace period is provided. However, an application for restoration can be filed within 1 year from the renewal deadline. If this period lapses, no remedy is available.

To restore the design, the prescribed official restoration fee must be paid at the time of filing the request. Once the restoration application is accepted by the Patents & Designs Office, the official restoration and renewal fees must be paid for the design to be fully restored and extended to its maximum term.

Recordal

Changes in respect of Design applications and registrations can be officially recorded, including:

• Change of name or address of the applicant or registered proprietor.
• Transfer of ownership through merger or assignment, either for pending design applications or registered designs.