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An Overview of Design Registration Renewal and Restoration

Is your design registration lapsed from a renewal date? Get your Design Registration Restoration or Design Registration renewal online application with the help of the professional experts from Corpbiz. A design registration renewal and restoration occur when the initial term of ten years for the design registration certificate expires.

The same can be extended for a further five years by filing an application for a design registration renewal by paying a prescribed fee to the Controller before the expiry date. On the other hand, design registration restoration is an application filed to restore the registered design when it lapsed due to the non-payment of the extension fee, provided it is filed within one year from the date on which the design lapsed, along with a prescribed form and fee.

In today's highly competitive business environment, protecting industrial designs is crucial for businesses to gain a competitive edge in the market. Industrial design refers to the ornamental or aesthetic aspects of an article, including the shape, pattern, and configuration. A registered industrial design gives the owner the exclusive right to prevent others from manufacturing, selling, or importing articles bearing or embodying a design that is a copy of the registered design. At Corpbiz, we assist in expert-led design registration renewal and restoration.

Overview of Design Registration Renewal and Restoration
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What Do you Mean by a Design as per Design Act, 2000?

According to Section 2(d) of the Design Act, 2000, Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which is the finished article appeal to and judged solely by the eye.

FBOs are categorized based on:

However, it excludes any mode or principle of construction or anything which is in substance a mere mechanical device, any trademark as defined under Section 2(1)(v) of the Trade Merchandise Marks Act, 1958, A property mark defined in Section 479 of the Indian Penal Code, 1860, Any artistic work as defined under Section 2(c) of the Copyright Act, 1957.

Benefits of Design Registration Renewal and Restoration

The list of benefits of design registration renewal and restoration is as follows:

Design Registration Renewal and Restoration
Continuation of Protection

Continuation of Protection

Renewing your design registration ensures that your design remains protected from infringement. It also helps to prevent others from using your design without your permission.

Avoiding Loss of Rights

Avoiding Loss of Rights

If you fail to renew your design registration before it expires, you may lose the rights to your design. Renewal helps to avoid this loss of rights.

Increased Value

Increased Value

A renewed design registration adds value to your intellectual property portfolio, increasing its value to potential buyers or licensees and uplifting its brand image in the market.

Cost-Effective

Cost-Effective

Renewing your design registration is more cost-effective than registering a new design. It also saves you the time and effort required for the registration process. It is one of the benefits of design registration renewal and restoration.

Restoration of Lapsed Design Registration

Restoration of Lapsed Design Registration

If your design registration has lapsed, you can restore it by filing a restoration application within one year from the date of expiration. Restoration ensures that you do not lose the rights to your design..

Eligibility Criteria for Design Registration Renewal and Restoration

The eligibility criteria for design registration renewal and restoration are as follows:

To renew or restore your design registration in India, the following eligibility criteria and prerequisites must be met:

  • The design must be original and not previously published in India.
  • The design must relate to features of shape, configuration, pattern, ornament, or composition of lines or colours applied to an article.
  • The design must be applied to any article by any industrial process or means.
  • The design must be new or original and not previously disclosed to the public.
  • The design must not be contrary to public order or morality.
  • The design must not have been registered for more than 10 years.

Requirements for the Design Registration Renewal Online

The list of essential requirements for the design registration renewal online is as follows:

  • The application for design registration renewal should be filed before the expiry of the initial time period of ten years from the date of registration.
  • It is the responsibility of the concerned design wing to complete the design registration renewal proceedings within one week from the date of receipt of Form-3.
  • For the matter of fact, the extension or renewal of a registered design is required to be entered in the Register of Designs.
  • The renewal or extension of the Design should be published in the Journal of the Patent Office by the Design wing.

Requirements for Design Registration Restoration

The essential requirements for design registration restoration in India, as per the Design Act 2000, are as follows:

  • The application for design registration restoration is to be filed by the proprietor or his legal representatives.
  • In case the design registration is held by two persons, any one of them, with the leave of the Controller, may apply the application for the restoration.
  • In case the restoration application is filed by any other person claiming to be the owner of the design shall be accompanied by Form-11 for affecting the name changes of the proprietor in the register of designs. Therefore, the restoration of the application shall be filed only after obtaining the name change or proprietorship of the design proprietor. However, the application for restoration of design registration will not be acceptable if the change of proprietorship occurred after the lapse of the design registration.
  • In case the registered proprietor failed to register a change of name before or after the cessation firstly, he shall apply for the alteration of name in the Register, followed by filing an application for a restoration.
  • The application shall be accompanied by a statement fully addressing the circumstances that led to the failure to pay the prescribed fee before the expiry date.
  • The evidence must support the claim that the failure to pay the prescribed fee was unintentional and that there is no undue delay in applying for design registration restoration.
Documents for Design Registration Renewal and Restoration

Documents for Design Registration Renewal and Restoration

The list of documents for design registration renewal and restoration in India, as per the Design Act 2000, is as follows:

  • Application for design registration, in the prescribed form, namely, Form-3 and Form-4.
  • Representation of the design, which should clearly show the features of the design for which protection is sought.
  • Statement of novelty and originality, which should declare that the design is new and original.
  • Power of attorney, if the application is filed through an agent.
  • Priority Document, if the applicant wishes to claim priority based on a foreign application.

Procedure for Design Registration Renewal and Restoration

The procedure for design registration renewal and restoration is segregated accordingly, as mentioned below:

Process of Design Registration Renewal

Application for Renewal of Design Registration

Application for Renewal of Design Registration

The registered owner must file an application for design renewal with the Design Wing of the Patent Office using Form-3, as per Rule 23 of the Design Rules, 2001.

Verification of Timely Filing

The Design Wing will examine whether the application for renewal is submitted within the prescribed time period, i.e., before the expiry of the original registration term.

Approval and Processing of Renewal

If the application is found to be in order and within time, the Design Wing will approve the renewal. The process of renewal is generally completed within one week from the date of receipt of Form-3.

Entry in Register and Publication

Post-approval, the Design Wing shall make an entry regarding the renewal or extension in the Register of Designs and also publish the renewal details in the Patent Office Journal.

Procedure for Design Registration Restoration

The step-by-step procedure for design registration restoration is as follows:

  • The applicant shall file the application for restoration of design registration in the Form-4 under the Rule 24 of the Design Rule 2001. The application should be accompanied by a full statement stating the true circumstances behind the failure to pay the prescribed fee for the renewal within the timeline.
  • Secondly, the application should be accompanied by supporting evidence for the delay in payment of the fees by the proprietor. This evidence shall support the claim made by the applicant proprietor that the failure to pay the prescribed fees was unintentional and there has been no undue delay in filing the application for restoration of design registration due to lapse of time.
  • The applicant must provide evidence to support their statement in the application before the Controller.
  • Once the Controller is satisfied that the application is genuine and evidence provided for failure to pay the prescribed fee within the timeframe was unintentional and also there was no undue delay in filing the application, the Controller will accordingly allow for the restoration of an expired design registration.
  • If the Controller has a prima facie opinion of not allowing the said application for restoration of design registration, then he should accordingly intimate the applicant. Meanwhile, the applicant can request the Controller for a hearing for the same within one month from the date of such intimation. Unless such a request for a hearing is made by the applicant, the application shall be refused by the Controller.
  • This is the stage when the Controller allows the request for a hearing made by the applicant and accordingly after hearing the matter if the Controller is satisfied that the failure to pay the prescribed fee is unintentional and there is no undue delay in filing the application for restoration, the restoration of design registration will be allowed.
  • Lastly, the applicant must be published in the Patent official journal stating the fact that the design has been restored.

Fees for Design Registration Renewal and Restoration

The official fees for design registration renewal and restoration in India are as follows:

Official Fees for Design Renewal in India:

  • For a natural person, it is INR 2,000/-
  • For other than natural persons, the official fee is INR 4,000/-
  • For other than a small entity, it is INR 4,000/-

Official Fees for Restoration of Lapsed Design Registration:

  • For natural persons, it is INR 1,000/-
  • For a small entity, the fees are INR 2,000/-
  • For other than a small entity, it is INR 4,000/-

Indian Regulations - Design Registration Renewal & Restoration

Design registration in India is governed by the Designs Act, 2000, and the rules and regulations made thereunder, including Design Rules, 2001. The Designs Act provides the legal framework for the protection and enforcement of industrial designs and outlines the conditions for design registration. The Designs Act defines various categories of designs that are eligible for registration, including two-dimensional and three-dimensional designs.

The design applications have to be filed with the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) at Kolkata, under the Department of Industrial Policy and Promotion (DIPP) in the Ministry of Commerce and Industry. This office shall conduct and examine the application for design registration and grant the registration certificate if the application fulfils and complies as per the Design Act, 2000.

Cancellation of Design Registration in India

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 within a stipulated timeframe, 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.

Validity of Design Registration

The validity of a design registration in India for an initial period 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.

Meanwhile, the registration of a Design will cease to be effective on failure to pay the prescribed fee within the prescribed timeframe, however, an application under Form 4 can be made for the restoration of the design, following the conditions as per the relevant laws and regulations.

Validity of Design Registration

Trust Corpbiz for Design Registration Renewal and Restoration

1+ Decade of Expertise

1+ Decade of Expertise

Our legal professionals hold over 10 years of experience in handling design registrations, renewals, and restoration matters with precision.

Strategic Legal Advisory

Strategic Legal Advisory

We provide expert consultation on renewal timelines, restoration eligibility, and design law compliance to ensure maximum success.

Assistance in Documentation

Assistance in Documentation

Our team ensures accurate drafting and filing of Form-3 and all related documents, reducing errors and rejections.

Case Evaluation & Legal Audit

Case Evaluation & Legal Audit

We perform a detailed review of your design registration status and assess eligibility for renewal or restoration.

Transparent & Targeted Strategy

Transparent & Targeted Strategy

Our approach is tailored to your case, with clear timelines, compliance checks, and a restoration roadmap if needed.

Smooth Liaison with the Patent Office

Smooth Liaison with the Patent Office

We handle communication with the Design Wing of the Patent Office to ensure timely processing without procedural hurdles.

Tech-Driven Legal Solutions

Tech-Driven Legal Solutions

We use smart tools and automated systems for tracking deadlines and document accuracy to speed up the registration process.

Post-Renewal Legal Assistance

Post-Renewal Legal Assistance

Our experts assist with post-renewal obligations, including legal support for continued protection of your design rights.

Expedited Renewal & Restoration

Expedited Renewal & Restoration

We focus on quick turnaround, helping client’s complete renewal or restoration within the legal timeframe.

Strong Government Liaison

Strong Government Liaison

We maintain effective coordination with IP and design authorities to streamline application processing.

24/7 Legal Support

24/7 Legal Support

Our design law specialists are available anytime to assist you during your renewal or restoration journey.

Free Initial Consultation

Free Initial Consultation

Get started with a no-cost consultation from our experts to assess your design renewal or restoration case confidently.

FAQs on Design Registration Renewal and Restoration

Have a look at the answers to the most asked questions about Design Registration Renewal and Restoration.

A design registration is a part of the Intellectual Property Rights, where a newly created design, as defined under Section 2(d) of the Designs Act 2001, is obtained. It provides a legal right to the visual aspects of a product, like its shape, configuration or ornamentation. Additionally, it also grants an exclusive legal right to the owner of the design, preventing others from making, selling or importing products with the same or a similar design registered.

The list of benefits of design registration is as follows:
  • It provides an exclusive legal right to the owner of the design registration.
  • It promotes innovation, protecting the intellectual creativity of the creators.
  • It also enhances the value of the brand.
  • A registered design can also be a valuable asset; it can be licensed, sold, or used as collateral for financial transactions.

The validity period for a design registration in India is for ten years from the date of registration. However, this can be extended further for the next five years, provided a renewal application for design registration is filed before the initial ten-year expiry date with the concerned authority.

A restoration application for design registration is an application process when the registered design is lapsed due to non-payment of the extension of registration certificate prescribed fee to the Controller

A renewal application for design registration is an application filed before the expiry of the initial ten-year validity of the design registration for the next five years to the Controller.

No, a registered design cannot be modified after obtaining the certificate for registration from the Controller; however, a minor change, like a name change, changing of the proprietor, is possible, provided the procedure as per the relevant laws and regulations is followed accordingly.

The process for design registration includes conducting a design search, ensuring the design is unique and not already registered, followed by filing an application in Form-1 along with the necessary documents via online or file with the design office, followed by examination of the application, then responding the objection made by the authority if any, publication of the design in the official journal of the Design office, lastly if no opposition are raised a registration certificate is granted accordingly.

Some of the list of designs that cannot be registered are books, certificates, plan cards, stamps, dressmaking, greeting cards, medals, maps, etc.

No, it is not mandatory to renew a design registration, though it is recommended to renew the design registration certificate to maintain the exclusive legal protection.

The time taken to complete the design renewal registration is approximately two to three months.

The late fee for design registration renewal in India depends upon the number of delayed from the date of renewal.

Yes, you can register your design internationally under the Hague Agreement, which is an international treaty administered by the World Intellectual Property Organisation (WIPO).

The primary objective behind the Design Act is to provide legal protection and rights to a new and original design created to be applied or applicable to use it for a particular article to be manufactured by an Industrial process or means

No, a registered design, the copyright of which has expired cannot be reregistered.

The first-to-file rule is applicable for design registration in India. As such, when two or more applications are filed relating to an identical or a similar design on different dates, only the first application will be considered for a design registration.

Authors

Written by Aarya Pokharel. Last updated on Nov 11 2025, 09:51 PM

Aarya Pokharel brings 3 years of solid experience in legal research and compliance. Her expertise spans tax filing, secretarial compliances, and advisory services, with a strong focus on delivering precise legal research and strategic advisory support.

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