Faq

How to renew a Trademark in India? The registration of a trademark is valid only for a period of 10 years. After which, it can be renewed from time to time. Trademark renewal preserves those rights which are only available to a registered mark. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with reg......

Can a Trademark be transferred from one person to another? Trademarks like any other asset can be transferred from one proprietor to another. The transfer could be temporary through licensing or permanent thorough an assignment. A registered mark, or a mark for which an application to register has been filed is assignable/transferable. What is the diff......

1. Who can file a design application in India? The following can file a design application: One or more authors of a design, One or more persons who have acquired the design, One or more persons for whom the design was developed by the author, or One or more persons on whom the right to apply for the design has devolved from the original proprietor. ......

1. What is the period of registration of a design in India? After the registration of a design, the design registration subsists for a period of ten years from the date of registration. The period of registration may be extended by additional five years by filing an application before the expiry of the said period of ten years. 2. What is the date of registra......

1.Can an applicant claim a reduction in official fee for a design application? Yes, the applicant can claim a reduction in official fee if the applicant is: a natural person a startup a small entity 2.How much fee reduction is available under Indian Design law? 75% reduction in official fee is available if the applicant is a natural person, a start......

1. What are the permissible amendments under Indian Design law?   Document/ information which could be amended When Name and address of Applicant address for service - Anytime during the pendency of application; - after registration Any document for the amendment of which no special provision is made in the Act may be amended (including c......

1. Will a design application be examined for “novelty”? Yes. The Examiner conducts a novelty search to identify any relevant prior published design. 2. What is the due date for filing a response to the first examination report in a design application? The due date for filing the response to the first examination report is six months from the date of filing th......

1. Can a lapsed design be restored? A design registration will lapse on termination of ten years’ period from the date of registration if the extension fee for a further term of five years is not paid before the expiry of the original period of ten years. A lapsed design could be restored for a further period of five years by filing an application within one yea......

1. Can a design application or a registered design be opposed? Only a registered design can be opposed. There is no provision to oppose a design application. 2. What are the grounds for cancellation of a registered design? Cancellation petitions are filed under Section 19 of the Designs Act, 2000. Following grounds are available: the design has been prev......