Introduction to Industrial Design Services at BananaIP
Industrial design registration is an integral component of an organization’s Intellectual Property (IP) portfolio, providing protection for the visual appearance of a product while excluding its functional utility. The initial and crucial step towards securing protection involves identifying the elements of a product that may be safeguarded as an industrial design. Additionally, considering the organization’s business and marketing objectives when pursuing design registration is vital. The industrial design application process, however, differs across countries.
At BananaIP, our Industrial Design team possesses extensive expertise in managing design patent applications across various jurisdictions. Proficient in identifying elements eligible for Industrial Design or Design Patent protection, our team is well-prepared to advise clients on optimal strategies for addressing novel and aesthetically appealing designs within their organization. Having successfully overseen hundreds of applications filed in multiple countries, our team has assisted clients in obtaining design registrations and grants. Furthermore, we provide support in Design Patent litigation, opposition, and licensing, ensuring comprehensive and effective management of our clients’ industrial design needs.
Industrial Design Services
Design Patent Search & Analysis:
- Comprehensive search of relevant design patents and registrations
- In-depth analysis of search results to determine the novelty and registrability of the proposed design
Industrial Design Filing:
- Preparation of design application, including illustrations and descriptions
- Filing the application in the desired jurisdiction(s), adhering to local requirements
Registration & Office Actions:
- Monitoring the application’s progress through the registration process
- Responding to office actions and addressing any concerns raised by the patent office
- Strategically addressing objections from third parties or examiners
- Providing well-reasoned arguments to overcome objections and secure design registration
Handling Examination Reports:
- Thorough review and analysis of examination reports
- Crafting appropriate responses to address issues raised during the examination process
Design Patent Renewals:
- Ensuring timely renewal of design patents to maintain their validity
- Managing the renewal process in line with jurisdiction-specific requirements
Clients from India, the USA, Europe, and around the world consistently select BananaIP for their Industrial Design and Design Patent registrations, as well as related services. The reasons for their trust in our expertise include:
Highly Qualified Team:
- BananaIP is home to a seasoned team of advocates, attorneys, and patent agents with exceptional qualifications and experience in the IP field.
Proven Track Record:
- Previously operating as Brain League, and now as BananaIP, our firm has successfully filed and managed numerous industrial design applications worldwide, including India.
- Our Industrial Design team is committed to punctual delivery, making us the preferred choice for many clients.
Global Reach and Partnerships:
- With established international connections, BananaIP can efficiently file and prosecute applications in over 100 countries.
Proprietary Management Tools:
- Our firm utilizes cutting-edge project and portfolio management tools to systematically track, manage, and deliver projects in a timely manner.
- Over the years, our attorneys and agents have developed exclusive templates and tools to cater to clients’ specific business requirements.
Presence in Major Cities:
- BananaIP has a strong presence in prominent cities such as Mumbai, Chennai, Bangalore, and Hyderabad, ensuring accessibility and convenience for clients.
Portfolio Building and Management Expertise:
- Our firm takes pride in assisting companies in creating and managing industrial design portfolios that offer not only business and competitive advantages but also significant financial value.
Some of Our Select Clients
- L&T India | Larsen & Toubro
- Sun Mobility
- Dharma Productions
- ARKA Media
- Pixel Pictures
- IIM – Bangalore
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Frequently Asked Questions about Industrial Designs
What is an industrial design?
Why is it important to register industrial designs in India?
Why should you consider registering your design?
2. Exclusive Rights: Once your design is registered, you have exclusive rights to use the design for commercial purposes. Others cannot make, import, or use your design without your permission.
3. Monetization: Design registration can help you monetize your intellectual property by licensing your design to other parties for commercial use.
4. Deterrence: Registration of your design sends a message to others that you are serious about protecting your intellectual property and acts as a deterrent against infringement.
5. Evidence of Ownership: Design registration provides evidence of ownership of the design, which can be useful in resolving disputes related to design ownership.
Who can file for design registration?
What is the difference between a patent, a trademark, and a design registration?
What is the difference between a design registration and copyright protection?
How do I know if my design is eligible for registration?
How long does design protection last in India?
Where is a design registration valid?
How much does it cost to register a design in India?
What is the process for registering a design?
• Filing an application in Form-1 with necessary details and fees.
• Signing the application by the applicant or authorized agent.
• Endorsing a statement of novelty and disclaimer on a representation sheet.
• Examination of application wherein examiner checks for novelty, originality, and ornamentality.
• Rectifying any objections or defects within the given time frame. • Attending a hearing if defects are not rectified.
• Appealing to the High Court if unsatisfied with the controller's decision.
• Abandonment of the application if neglected.
• Notification of accepted applications in the Patent Office journal.
What documents are required for registering a design?
• Power of Attorney
• Representation sheets
• Details of article classes
• Applicant details
• Certified copy of priority document (if applicable)
• Additional documents (case-by-case basis)
• Class and subclass of goods
• Payment of filing fee
What rights and protections are attached to a design registration?
The proprietor can take legal action against any person or party who infringes on their registered design. Remedies such as an injunction, damages, and account of profits, among others can be sought.
Design registration also provides the proprietor with a platform to license or assign their design to third parties for a royalty or other monetary or commercial consideration.
Can I license my registered design to another party?
Can a registered design be challenged or canceled?
What happens if my design registration application is rejected?
Can a design registration be canceled or revoked?
Can a design registration be transferred or assigned?
Can a design registration be renewed?
Can I renew a design registration after it has expired?
Can I register a design that has already been disclosed to the public?
Can I register a design for a functional element of a product?
Can I register a design for a logo or a brand name?
Can I register a design for a graphical user interface (GUI)?
Can I register an incomplete design?
What is a design search?
A design search can be conducted through various databases available online, including the Indian Patent Office database, international databases, and commercial databases. A design search can also be conducted by a qualified IP lawyer or a professional patent search firm.
Can I check my design registration status or existing registered designs online?
Can multiple designs be included in a single application?
What constitutes piracy or design infringement of registered designs?
Piracy includes the fraudulent imitation of a registered design, importing materials resembling the design, and publishing or selling articles with unauthorized designs.
Is design registration mandatory?
Registration provides the owner with solid legal evidence of ownership and exclusive rights over the design, which can be enforced in court in case of infringement.