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Intellectual Property Strategy: Industrial Design Registration in India| Industrial designs filed in hospitality industry covering hotel & restaurant equipment supplies food processing & beverage equipment
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Intellectual Property Strategy: Industrial Design Registration in India| Industrial designs filed in hospitality industry covering hotel & restaurant equipment supplies food processing & beverage equipment

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An industrial design is the ornamental or aesthetic visualization aspect of an article. The design may consist of three-dimensional features such as the shape and configuration of an article, or …

An industrial design is the ornamental or aesthetic visualization aspect of an article. The design may consist of three-dimensional features such as the shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation. The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal to eye.

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  • 1. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us #DIY Top Priorities for Business Owners in 2014 Safeguard your Industrial Design from Being Copied by Infringers
  • 2. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Understanding Industrial Design Classes with Examples
  • 3. http://www.techcorplegal.com Email us: info@techcorplegal.com Well crafted bowl as illustrated in the figure is not just a pleasure to use it, but also a pleasure to look at it. Manufacturers invest a great deal of money and know-how in industrial design and this is why an original design is considered valuable IP.
  • 4. http://www.techcorplegal.com Email us: info@techcorplegal.com FLOWCHART FOR INDUSTRIAL DESIGN REGISTRATION IN INDIA
  • 5. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us WHAT IS DESIGN ? The meaning of “DESIGN” is as follows: 1. Design means only the shape, configuration, pattern, ornamental or composition of lines or colours applies to every article; 2. The article may be in two-dimensional 2D form or three-dimensional form 3D or both the forms; 3. The application of the design to the article can be by any industrial process or means;
  • 6. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us The meaning of “DESIGN” is as follows: 4. The industrial process or means maybe manual, mechanical or chemical. 5. The manual, mechanical or chemical process or means may be applied separately or combined together. 6. The shape, configuration, pattern, ornament or composition of lines or colours, in the finished articles, appeals to the eye only and judged solely by the eye WHAT IS DESIGN ?
  • 7. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us “DESIGN”does not Include- 1. Any mode or principle of construction or anything which is merely mechanical devices; 2. Any trade mark as defined in section 2(1)(v) of the Trade and Merchandise Marks Act, 1958 (43 of 1958) 3. Any property mark as defined in section 479 of Indian Penal Code (45 of 1860) 4. Any artistic work as defined in section 2(c) of the Copyright Act, 1957 (14 of 1957)
  • 8. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us OBJECT OF REGISTRATION OF DESIGNS The protection given by the Design Law relating to designs to those who produce novel and original designs, is primarily to recognize the top players in the industries, and keep them at high level of competitive progress. The object of registration of successful ergonomic design is to see that the originator of the design is rewarded for his creation which can be applied to the goods.
  • 9. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us PURPOSE OF THE REGISTRATION OF DESIGNS The purpose of the Design Registration is to protect novel designs devised to be applied to particular articles to be manufactured and marketed commercially. It is not to protect principles of operation or invention. Nor it is to protect copying of the direct product of original artistic effort in producing a drawing. Indeed the whole purpose of a design is that it shall not stand on its own as an artistic work but shall be copied by embodiment in a commercially produced artefact.
  • 10. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Designs filed in Hospitality Industry: Covers Hotel & Restaurant Equipment and Supplies, Food Packaging, Processed Food machines, Food Processing & Beverage equipments.
  • 11. SelectClass 7 if Registering your Industrial Design for Household Goods, Not Elsewhere Specified http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design CLASS 7 relates to Household Goods, Not Elsewhere Specified
  • 12. Select Class 7 if registering ornamental design of your product in Household Goods, Not Elsewhere Specified. There are 08 Subclasses of Class 07 and a Subclass 99 which is called Miscellaneous Subclass. . This Industrial Design Locarno Classification is used by the Indian Patent and Trademark Office (IPO) and other Patent Offices outside India when grouping products or devices for registering industrial design. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design Locarno Classification Class 7
  • 13. Subclasses of CLASS 7: 01- China, glassware, dishes and other articles of similar nature. 02- Cooking appliances, utensils and containers. 03- Table knives,forks and spoons. 04- Appliances and utensils, hand-operated, for preparing food or drink. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design Locarno Classification Class 7
  • 14. Subclasses of CLASS 7 05- Flatirons and washing, cleaning and drying equipment. 06- Other table utensils. 07- Other household receptacles 08- fireplace implements 99- Miscellaneous. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design Locarno Classification Class 7
  • 15. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (BOWL) Industrial Design Applicant in India : MA Design India Private Limited
  • 16. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 ( GAS-STOVE) Industrial Design Applicant in India:R.S. Industries(india)
  • 17. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (MUG) Industrial Design Applicant in India: Dunoon Ceramic Holding Limited
  • 18. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (PLATTER) Industrial Design Applicant in India: MA Design India Private Limited
  • 19. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (TRAY) Industrial Design Applicant in India: MA Design India Private Limited
  • 20. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (CASSEROLE) Industrial Design Applicant in India: Asian Plastowares Pvt Ltd
  • 21. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (CUTLERY STAND) Industrial Design Applicant in India: M/S Mayedass International
  • 22. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (BOWL) Industrial Design Applicant in India: MA Design India Private Limited
  • 23. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (CASSEROLE HOLDER) Industrial Design Applicant in India: MA Design India Private Limited
  • 24. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 7 (CONTAINER FOR FOOD) Industrial Design Applicant in India:Dart Industries Inc
  • 25. Select Class 9 if Registering your Industrial Design for PACKAGES AND CONTAINERS FOR THE TRANSPORT OR HANDLING OF GOODS http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design CLASS 9 relates to PACKAGES AND CONTAINERS FOR THE TRANSPORT OR HANDLING OF GOODS
  • 26. Select Class 9 if registering ornamental design of your product in PACKAGES AND CONTAINERS FOR THE TRANSPORT OR HANDLING OF GOODS There are 09 Subclasses of Class 07 and a Subclass 99 which is called Miscellaneous Subclass. This Industrial Design Locarno Classification is used by the Indian Patent and Trademark Office (IPO) and other Patent Offices outside India when grouping products or devices for registering industrial design. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design Locarno Classification Class 9
  • 27. Subclasses of CLASS 9: 01- Bottles, Flasks, pots, carboys, Demijohns, and containers with dynamic dispensing means 02- Storage cans, drums and casks. 03- Boxes, cases, container, (preserve) tins or cans. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design Locarno Classification: Class 9
  • 28. Subclasses of CLASS 9: 04- Hampers, Crates and Baskets. 05- Bags, sachets, tubes and capsules. 06- Ropes and hooping materials. 07- Closing means and attachments. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design Locarno Classification: Class 9
  • 29. Subclasses of CLASS 9: 08- Pallets and platforms for forklifts 09- Refuse and trash containers and stands therefor 99- Miscellaneous. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Industrial Design Locarno Classification: Class 9
  • 30. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 9 (BOTTLE)
  • 31. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 9 (DISPENSER) Industrial Design Applicant in India: MEADWESTVACO CALMAR GMBH
  • 32. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 9 (CRATE) Industrial Design Applicant in India: TOPLAND ENGINES PVT LTD
  • 33. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 9 (BOTTLE)
  • 34. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 9 (BOTTLE CAP)
  • 35. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Example Industrial Design CLASS 9 (CONTAINER FOR PERSONAL HYGIENE PRODUCT)
  • 36. The Locarno Agreement Established an International Classification for Industrial Designs (hereinafter referred to as "the Locarno Agreement" and "the Locarno Classification," respectively). The Locarno Classification comprises: (i) a list of classes and subclasses; (ii) an alphabetical list of goods in which industrial designs are incorporated, with an indication of the classes and subclasses into which they fall; http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us What is Locarno Classification? READ MORE- http://goo.gl/cLQcrA
  • 37. WHO ARE WE ? Tech Corp Legal is a patent research and IP consulting firm that specializes in assisting law firms and global companies to use Intellectual Property as strategic business tool. Boutique Patent Attorney firm with a high reputation in numerous technologies and high-tech patents. We are reliable, knowledgeable and hands-on. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Intellectual Property Consulting Law Firm in India
  • 38. Mission: To assist Fortune 100 technology and research based companies develop intellectual property strategies for betterment of society. Differentiating Factor: All projects are evidently done by registered patent attorneys having years of experience in working under the guidance of USPTO patent attorneys. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us
  • 39. About Intellectual Property Experts Rahul Dev is a Patent Attorney, Technology & Business blogger, and partner of Tech Corp Legal LLP, an International Law Firm. Click Here Prity Khastgir is a Patent Attorney, specializing in Biotech, Food Technology & Pharmaceuticals, and partner of Tech Corp Legal LLP, an International Law Firm. Click Here http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us
  • 40. Client Testimonials Mark Khan Multi Disciplinary Designer/Creative Director I have just met Prity in the past month. She exceeded my expectations. Since I'm 1/2 way around the world, I thought my patent filing in India would be complex and mysterious. To read more Click Here. Charlotte Harrison Editor at Nature Publishing Group Prity was extremely helpful in providing expert information and valuable comments for inclusion in a news story related to patents in India. It was a pleasure to work with her. To read more Click Here. Vinayak Arora Strategy Consultant at Strategy Consultant Both Prity and Rahul supported us throughout the patent filing process for our flagship product, and gave proactive ideas on making the application efficient. To read more Click Here. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Kermit Lopez Patent Attorney, ORTIZ & LOPEZ, PLLC We needed a quick but detailed patent invalidity analysis in a short time frame, and Rahul Dev, Advocate, provided quick turn around To read more Click Here.
  • 41. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Client Testimonials George Mathew www.futurebooks.com Rahul and team have been consistent in their legal support to Servolve. Their expertise in law and understanding of the startup ecology is a unique mix that is not easy to find. To read more Click Here. David Sundin SVB Environmental Lubricants, Ambit Technical Consulting I worked with Rahul to help me with litigation regarding a competitor. He easily understood the problem, did quick and thorough work To read more Click Here. Dolly Goklaney Venture Capital at AMITY Innovation Incubator Rahul is a crisp speaker, possessed with thorough knowledge and clear understanding about the Business Structuring & Incorporation, To read more Click Here. Farooq Mustafa Chaudhry Macter International Ltd After working on a project with Mr. Rahul I have an impression that he is a competent consultant in due diligence for IP position To read more Click Here.
  • 42. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Client Testimonials Machiavelli Singh Assistant Professor with Amity University Haryana Rahul Dev is a stalwart Indian patent attorney, who dared to interpret the Indian Patent "Novartis-Glivec-2013" landmark case on NEWS channel in the media with the iron fist, To read more Click Here. Kapil Agarwal Owner, Swan Publications Advocate Rahul Dev is a knowledgeable lawyer and very helpful. He had gone through my documents twice to provide me an advice, To read more Click Here. Pawan Tayla Head Finance India - Fidelity Worldwide Investment & Art of Living Teacher Rahul is a very focused and energetic business partner for any client, his ability to articulate and provide quick meaning solutions is commendable. To read more Click Here. SUMIT ARORA Deputy Manager - Intellectual Property Rights LG Soft India Rahul is a very diligent and hard working professional who is adept at utilizing his communication skills and domain knowledge in excelling in his field. To read more Click Here.
  • 43. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Client Testimonials Dr. Vijay Soni Director: reviewarticle.net I recently got a patent applied through Mr. Rahul. He has in-depth understanding of all aspects of patent application and processing. To read more Click Here. Arjun Bala Patent Agent, Certified Patent Valuation Analyst (CPVA) I have worked with Rahul on different types of patent projects. He has a deep understanding as well as practical insight in the practice of patent law in India. To read more Click Here. Raja Selvam IP Attorney Rahul is very obsessive about his work and gets things done quickly and efficiently. He has excellent co-ordination and people relation skills. To read more Click Here. Preetpal Sidhu Research Associate at Milwaukee Institute I came to know Rahul during my internship at TECH CORP. He is well organized with excellent knowledge in his field. To read more Click Here.
  • 44. http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Client Testimonials Kapil Mishra Kareus Therapeutics, S.A. Rahul is a detail-oriented manager who watches the fine details of project without losing sight of the macro level strategic objective. To read more Click Here. Tarun Walia Experienced Life Science Consulting & Business Development Professional The confidence and the charm on his face says it all. Rahul is a well learned and extremely diligent professional who drives his work with lot of passion. To read more Click Here.Abhishek Mishra Senior Manager at Olam International Rahul, as a professional comes across as a target oriented and a focussed professional. He has a very structured and planned approach and is full of innovative ideas. To read more Click Here. Amit Midha Digital Strategy, Marketing Expert Rahul is a reliable professional with a very technical approach towards commercial aspects of Patents and IPR. To read more Click Here.
  • 45. Client Testimonials http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Y. Yogi Raj Co-Founder and Director at 46 Idea Street We worked together during early stages of establishing a new process. Rahul, with his vast experience and in depth knowledge of the IP analytics could steer our group, To read more Click Here. Dr Madhuresh Sethi Ph.D R & D Prity is a devoted and detailed professional dealing with very complex assessments in the field of Intellectual Property. To read more Click Here. Rolly Dureha Freelance Media Professional & Consulting Editor My interaction with Prity has been as a Pharma patent attorney and domain expert who has contributed towards articles in the magazine Life Science India. To read more Click Here. David Michaels eBusiness entrepreneur and Brand Consultant Prity Khastgir is very dedicated, trustworthy, and great at writing patent descriptions. Prity's patent writing style is clear and concise.
  • 46. Our Esteemed Clients http://www.techcorplegal.com Email us: info@techcorplegal.com Tovolo PUREFLAKESBLUE OCEAN
  • 47. Is Intellectual Property a Business Asset? http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Protect Create SucceedProtect your Intangible Assets Today !!
  • 48. Thank you Have Any Questions? http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us Get in touch with patent attorney: info(at)techcorplegal(dot)com