Industrial designs are often simply referred to as “designs”, they are protected through The Designs Act, 2000. Industrial designs are those Intellectual Property rights that protect the aesthetic appearance of a product; in other words, they protect its form and its appearance rather than its functions and the purpose for which the product is manufactured. Industrial Design is a graphical representation of the product which showcases the product or its packaging which is portrayed using two- or three-dimensional artwork. It is important to make sure that the product is being showcased from all the angles to avoid confusion. Industrial Designs may consist of the shape, pattern, and/or colour of a product; it may contain one of the elements or a combination of two or three different elements. Industrial Designs are protected to safeguard the appearance of a product. With limited colours, there is always a possibility that an average consumer might get confused upon seeing two or more similar products with similar designs or similar colour used in its packaging. The sole purpose which led the introduction of Industrial Design is to protect a product’s appearance and how can one easily recognise the same after seeing it characteristics.
At AGREYA LEGAL, with more than ____ successful design registrations, we have the expertise required to obtain a design registration for the product that you have manufactured. From something small as a single toothbrush to automobile designs, we have got you covered. Our team of attorneys will assist you from filing of the application till post-grant oppositions. Being a boutique law firm practicing the area of Intellectual Property Law, we are known for providing outstanding services to our clients around the globe.
Our Services include:
- Design search and its availability
- Filing and Prosecuting Design Applications
- Implementing Design rights after procuring registration
- Tackle the objections raised by controller or any other third-party opposition.
- Assistance in Building a Design portfolio.
- Renewals of Designs (every 10 years)
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Industrial Design FAQs
Q1. What is an industrial design?
A1. An industrial design is the appearance of a product, including its shape, pattern, and color. It’s different from a patent, which protects the function of a product. Industrial designs are those Intellectual Property rights that protect the aesthetic appearance of a product; in other words, they protect its form and its appearance rather than its functions and the purpose for which the product is manufactured. Think of it as the “pretty face” of a product, while a patent is the “brain” behind it.
Q2. What kind of products can be protected by an industrial design?
A2. Almost any product with a unique appearance can be protected, from furniture and gadgets to toys and packaging. As long as the design is new, original, and not just dictated by function, it can be registered.
Q3. Why should I register my industrial design?
A3. Registering your design gives you the exclusive right to prevent others from copying it for a specific period, typically 10 years with potential renewals. This helps you retain market exclusivity and protects your investment in design and development.
Q4. What happens if someone copies my registered design?
A4. If someone infringes your registered design, you can take legal action against them under Design Act, 2000. This may involve claiming damages or seeking an injunction to stop them from selling the infringing product.
Q5. How do I register my industrial design?
A5. The process for registering an industrial design varies depending on your country. In India, you can file an application with the Indian Patent Office with the help of an Attorney providing details and images of your design for assistance with the process.
Q6. What if my design is similar to someone else’s?
A6. If your design is too similar to an existing registered design, your application may be rejected. It’s important to do a thorough search before filing to ensure your design is truly unique. Your Attorney may help in this regard.
Q7. How much does it cost to register an industrial design?
A7. The cost of registering an industrial design varies depending on the complexity of your design and the country where you file. In India, government fees and professional fees of the Attorney fees may apply.
Q8. What are some benefits of good industrial design?
A8. Good industrial design can make your product more appealing to consumers, stand out from competitors, and even fetch a higher price. It can also improve product usability and functionality. For example: The Volkswagen ‘Beetle’, ‘The Coca-Cola Contour Bottle’, ‘The Piaggio Vespa scooter’.
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