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
Handling Objections:
- 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
Why BananaIP?
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.
Timely Delivery:
- 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.
Customized Solutions:
- 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
- Emerson
- PEPS
- 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?
An industrial design refers to the visual, aesthetic or ornamental aspects of a product, including its shape, pattern, configuration, ornament, or composition of lines and colors in two or three-dimensional forms. In simpler terms, a design could mean the unique appearance of any product or object.
Why is it important to register industrial designs in India?
Registering industrial designs provides legal protection to the creator, protecting against unauthorized copying or imitation. It is crucial for brand recognition, marketing, and protecting small and medium scale businesses. Adequate awareness is essential for effective implementation and protection from piracy.
Why should you consider registering your design?
1. Legal Protection: Design registration provides you with legal protection for your design and prevents others from using, manufacturing, or selling products that violate your design rights.
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.
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?
In India, a design can be registered by the creator or the owner of the design or an authorized representative. Be it an individual, group of individuals or a legal entity such as a company.
What is the difference between a patent, a trademark, and a design registration?
Patents protect inventions and their functional aspects, trademarks protect brand names, logos, and other distinctive signs identifying goods or services, while design registrations protect the aesthetic or ornamental aspects of a product. Each of these intellectual property rights serves a unique purpose and requires separate registrations.
What is the difference between a design registration and copyright protection?
A design registration protects the aesthetic or ornamental aspects of a product, while copyright protects original artistic, literary, musical, and dramatic works along with cinematographic films and recordings. Design registration grants exclusive rights for a term of 15 Years, while copyright protection generally lasts for the lifetime of the creator plus 60 years in India.
How do I know if my design is eligible for registration?
To be eligible for registration, a design must be new, original, and not previously published anywhere in the world. The design should also not be offensive or contrary to public order and morality.
How long does design protection last in India?
Design protection in India lasts for an initial period of 10 years from the date of filing the application, with the possibility of extending it for another 5 years upon payment of a renewal fee, totaling a maximum of 15 years.
Where is a design registration valid?
Design registration only provides protection within the jurisdiction where it is registered. If you want to protect your design in other countries, you will need to file separate design registration applications in each country or seek protection through international treaties such as the Hague Agreement.
How much does it cost to register a design in India?
The cost of design registration in India depends on the type of applicant and the mode of application. Fees may vary, so it is recommended to check the current fee structure on the Indian Patent Office website, or contact an IP attorney.
What is the process for registering a design?
• Conducting a search to ensure that your design is new and original.
• 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.
• 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?
The primary requirement is clear representations of your design from different dimensions. These representations may be photos, drawings, sketches, etc. Technically, the following documents are required to be filed:
• Application Form 1
• 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
• 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?
Registration of a design in India provides the proprietor with exclusive rights over the design for a period of 15 years. During this period, the design cannot be copied, reproduced, or used without the permission of the registered proprietor.
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.
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?
Yes, you can license your registered design to another party through a written agreement, but the key is to get a person interested in licensing your Design. For this, you must make efforts to identify potential licensees, and approach them with a license proposal. Professionals can help you in this endeavor.
Can a registered design be challenged or canceled?
Yes, a registered design can be challenged on various grounds such as prior publication, lack of novelty, or not being a design as per the Design Act, 2000.
What happens if my design registration application is rejected?
If your design registration application is rejected, you can appeal the decision to the High Court within 3 months from the date of the controller's decision. An experienced IP attorney can help you understand the reasons for rejection and guide you through the appeal process.
Can a design registration be canceled or revoked?
Yes, a design registration can be canceled or revoked under certain circumstances, such as if the design was not new or original, if the design was previously published, or if the design was not registrable under the Designs Act.
Can a design registration be transferred or assigned?
Yes, a design registration can be transferred or assigned to another person or entity. The transfer or assignment must be recorded with the Design Office to be effective.
Can a design registration be renewed?
Yes, a design registration can be renewed once for an additional 5-year term. The renewal must be done before the expiry of the initial 10-year term by paying the prescribed renewal fee. You cannot renew after 15 years.
Can I renew a design registration after it has expired?
No, once a design registration has expired, it cannot be renewed.
Can I register a design that has already been disclosed to the public?
No, a design must be novel and original to be registered. If it has been disclosed to the public prior to the application, it is not eligible for registration.
Can I register a design for a functional element of a product?
No, design registration is meant for aesthetic elements only. Functional aspects can be protected through patents.
Can I register a design for a logo or a brand name?
No, logos and brand names fall under the category of trademarks and should be registered separately.
Can I register a design for a graphical user interface (GUI)?
Yes, you can register a design for a GUI in India, as long as it meets the criteria for novelty and originality.
Can I register an incomplete design?
No, the design must be complete and ready for industrial application at the time of filing. However, you need not manufacture the article to register its design.
What is a design search?
To avoid rejection of the design application, a design search is conducted. It involves conducting a thorough search of the existing design registrations and applications to determine if there are any similar or identical designs already registered or applied for. A design search is typically conducted before filing a design application to assess the novelty and uniqueness of the design.
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.
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?
Yes, you can check the status of your design registration or/and existing registered designs online on the website of the Indian Design Office.
Can multiple designs be included in a single application?
No, each design requires a separate application for registration. However, if the designs are related and fall under the same class, they can be filed as a series of designs in a single application.
What constitutes piracy or design infringement of registered designs?
Design infringement occurs when someone copies, reproduces, or uses a registered design without the permission of the owner. Small changes or modifications to a registered design may still amount to infringement if the overall impression of the design remains substantially the same.
Piracy includes the fraudulent imitation of a registered design, importing materials resembling the design, and publishing or selling articles with unauthorized 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?
No, design registration is not mandatory, but it provides legal protection and exclusive rights to the owner. Unregistered designs are not legally protected against infringement.
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.
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.
Can a foreign applicant register a design in India?
Yes, a foreign applicant can register a design in India. They need to appoint an authorized agent or attorney in India for the application process.
Can a foreign applicant apply for design registration in India?
Yes, a foreign applicant can apply for design registration in India. They can either apply directly or through an Indian agent or representative. If the applicant claims priority from a foreign application, a certified copy of the priority document must be submitted.
Can I claim priority from a foreign design application?
Yes, you can claim priority from a foreign design application if the Indian application is filed within six months of the foreign filing date.
What is the Locarno Classification system?
The Locarno Classification is an international classification system used for industrial designs, which groups them into classes and subclasses based on their articles. The Indian Designs Office uses this classification to classify design applications/registrations.
How much does it cost to get a design registration in India?
The fee varies from attorney to attorney, and you may contact an attorney for specific information. On an average you may expect expenses of around Rs. 25, 000/- to Rs. 50, 000/-.
Who can help me with design registration?
A qualified attorney or advocate can help you with design registration. Attorneys at BananaIP Counsels have helped in filing and registering many designs, and the firm is one option for your design service needs. You may write to [email protected] if you are seeking quality design services.