Manish M. Bhagnari

Designs

A design is the overall appearance of a product. The visual features that form the design include the shape, configuration, pattern, and ornamentation, which, when applied to the product, give it a unique appearance. A registered design can be a valuable commercial asset - registration of a design gives the owner protection for the visual appearance of the product but not the feel of the product, what it is made from or how it works.

To be registrable, a design must be new and distinctive. 'New' means the identical design (or one very similar) has not been publicly used nor has it been published in a document.

For example, a design would not be considered new if it had been 'published' on the Internet before the date it was filed (or its priority date, whichever is earlier).

A design is 'distinctive' unless it is substantially similar in overall appearance to other designs already in the public domain.

Before filing an application, you should search existing design records. If your design is not new and distinctive, any registration you receive could be revoked as a result of examination and your registration could be worthless. You may also face legal action if you infringe the design rights of the owners of other similar designs.

At TradeMarksINDIA we advise on the best protection strategy for a design and then manage its implementation worldwide, advise on whether a design can be registered, conduct novelty and infringement searches, file and prosecute design applications through to grant.


IMPORTANT POINTS ABOUT DESIGNS > Coming soon

PROCEDURE FOR DESIGN REGISTRATION

FEES FOR DESIGNS - FOR INDIAN APPLICANT

FEES FOR DESIGNS - FOR NON-INDIAN APPLICANT