A registered industrial design does not enjoy infinite protection, and is not required to be renewed if it is no longer needed. Here is how both renewal and voluntary cancellation works according to the Registered Designs Ordinance 2000.
Renewing a Design Registration
Protection is granted in a designated period, then in additional time periods on Form D-5 – the same form which is used to request the original Registration Certificate (PKR 3,000) or a duplicate certificate (PKR 3,000). Renewal fees increase progressively by period:
- Renewal or extension for the second period: PKR 4,000
- Renewal or extension for the third or final period: PKR 6,000
There are extensions available for the proprietor for additional time to file the renewal application, on Form D-4 – a one-month extension under Rule 34 costs PKR 1,000, and other extension categories (removing objection, under Rule 17) PKR 2,000-3,000 depending on the reason.
Cancelling a Design Registration
If a design is no longer commercially viable, or the proprietor wishes to formally relinquish it rather than let it expire, IPO-Pakistan offers the proprietor two options:
- Voluntary surrender – Form D-9, Application to Surrender a Design or Expiry of License or Mortgage, PKR 1,000. This is an application for those wishing to abandon proprietary rights on a design which they themselves own.
- Third-party cancellation – Form D-7, Application for Cancellation of Design under Section 10, PKR 5,000. This is a cancellation application (not opposed by the proprietor) made by a third party (e.g. competitor) against a valid design registration, and the registered proprietor may then make a counter-statement (Form D-8) to oppose it.
What Happens If You Don’t Renew
Failure to pay renewal fees for the subsequent period allows protection to lapse at the end of the current period, and the design to be removed from the register – it is then generally free for others to use. There is no specific form listed for restoration for designs as there is for patents, and so it is better to treat the renewal deadline as a cut-off.
Managing Design Renewals
With the fees and dates for renewals of design protection varying by period, it can be easy to lose track of them – particularly where different product lines are concerned. Our IP registration team tracks design renewal deadlines alongside trademark renewals to ensure nothing lapses inadvertently. If you haven’t yet registered a design, take a look at our guide to registering an industrial design in Pakistan.
Frequently Asked Questions
How much does it cost to renew a design registration in Pakistan?
PKR 4,000 to renew for the second period, and PKR 6,000 to renew for the third or final period, filed on Form D-5.
Can I voluntarily give up a design registration?
Yes, through Form D-9, Application to Surrender a Design, at a fee of PKR 1,000.
Can someone else apply to cancel my design registration?
Yes, under Form D-7, Application for Cancellation of Design under Section 10 (PKR 5,000). As the proprietor you can then file a counter-statement (Form D-8) to defend it.
What happens if I miss a design renewal deadline?
Protection lapses at the end of the current registration period, and the design is then removed from the register – it is important to track renewal deadlines closely.
