Industrial Design Protection and Enforcement Services.
Particular traits of our team give us more expertise in the field of Industrial Designs. We help our clients in all procedures that involve design searches, filing of design application in India and other countries, design prosecution, and maintenance of the design application after acceptance, enforcement and licensing of the granted designs. We have executed various projects to support our client to file for right protection, avoiding of third party right’s infringement, and commercialization and enforcement his rights.
What exactly is Industrial Design Protection and how is it Granted?
The Design protection is provided for the color, configuration, shape, surface pattern, or line, or a combination which provides aesthetic value to an article when it is applied onto the article. The Design can be over a two dimensional or three dimensional article. This gives the design owner an exclusive right to make, sell, and use articles that embody the protected design. The protection rights are provided for a period of 10 years, which can then be renewed once for an additional period of 5 years. This may vary from country to country.
Similar to Patents or Trademarks, the Design protections are also geographical rights, which means that to obtain the protection in India then the application for design registration has to be filed in India.
How to obtain Industrial Design Protection in India?
A professional design search is advisable in order to understand whether a design will be accepted or not. Design applications can be filed through e-filing or paper filing mechanisms. There are several formal requirements which need to be fulfilled when applying for an Industrial Design. There is a specific type of classification called as the Locarno Classification for Industrial Designs according to which the designs are categorized and the filing is also done according to the class which the particular design belongs to.
Using our expertise we guide you in identifying appropriate classification under which your application may be filed. After filing the application, next step is for examination of the application. In Industrial Design, the examination is generally formal in nature, with small substances involved in identifying new aspects with respect to available prior arts. Further, on receiving the examination report, we apprise you with the objection report along with our analysis and further directions. And, based on your approval, wefurther help you to overcome the objections by drafting a strong response and further support you in getting the design granted. Once the application is granted, we further support in completing other formalities and also assist them in maintenance procedures of the application.
Why should one look into filing for Industrial Design?
Industrial design provides exclusivity to the owner of the design, and further enable the owner of Industrial design to stop illegitimate products from destroying the brands reputation. In many cases the design itself starts identifying a brand. Some very good examples which are subject of protection under Design Law are the contour bottle of Coca Cola, the shape of the Volkswagon Beetle and the shape of the Mini Cooper, the contour of the iPhone/iPod/iPad, etc. Our expertise has benefited several clients in different stages of Industrial Design protection.
Industrial Design experts at Singhwal will help you be assured that all your industrial design procedures are successfully completed.