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Industrial Design

Maximize the value of your creative endeavours

In the dynamic world of product innovation, aesthetics plays a pivotal role in capturing consumer attention and market share. At Bhate & Ponkshe, we recognize the significance of industrial designs and offer comprehensive legal services to safeguard and maximize the value of your creative endeavours.

Industrial designs encompass the unique ornamental and aesthetic aspects of a product, ranging from its shape and configuration to its surface patterns and decorations. These designs not only enhance the visual appeal of products but also contribute to their commercial success by establishing brand identity and differentiation in the marketplace.

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Our team of professionals assist you with
Design Filing
Our team of experts helps you word the perfect description of your product design and file it.
Global Design Protection

Regulations can vary from country to country. It is important to scan the respective countries legal landscape when it comes Design IP’s, which only comes with experience and expertise, which we offer.

Design Renewals

Continue your activities without any hinderance by staying ahead of the design IP deadlines. This is possible with a careful management of the design portfolio and being aware of the deadlines in different locations.

Contact our firm to get in touch so we can create a tailor-made approach for protecting your precious designs and safeguard your creativity!

FAQs

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article and judged solely by the eye
A design which (a) is not new or original; or (b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or (c) is not significantly distinguishable from known designs or combination of known designs; or (d) comprise or contains scandalous or obscene matter, shall not be registered.
a. The design should be new or original, not previously published or used in any country before the date of application for registration. b. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Designs Act. c. The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act. d. The features of the design in the finished article should appeal to and are judged solely by the eye. e. Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be registrable design.
The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.
The term is 15 years from the date of application of the Design.
All articles have been classified in the Indian Design Act into various classes for the convenience of both the applicants and the Design Office for the purpose of Design registration. Applications for Design registration have to be made in a particular class. One cannot apply for the same Design in more than one class. The Locarno Classification (LOC) is an international classification used for the purposes of the registration of industrial designs.
Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.
No. Because once the alleged design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the designs applied to it. So, the design as applied to an article should be integral with the article itself.
First to file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates, the first application will be considered for registration of design.
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