INDUSTRIAL

DESIGN
 1
WHAT IS INDUSTRIAL DESIGN?
Industrial design is a field that focuses on
the creation and development of products
that are both functional and aesthetically
pleasing. It may consist of: 3D features,
such as the shape of a product, 2D
features, such as ornamentation, patterns,
lines or colors of a product, a combination
of one or more such features.
Industrial Design
HOW DOES INDUSTRIAL DESIGN CONTRIBUTE TO PRODUCT
INNOVATION?
1. User-Centered Design 2. Aesthetic and 3. Functionality and
Branding Usability
This user-centered Industrial designers create By optimizing the user
approach helps identify visually appealing and experience, industrial
opportunities for new distinctive product designs designers contribute to
product features, that align with a brand’s product innovation by
improvements, and identity. A well-designed making products more user-
innovative solutions that product can differentiate friendly, efficient and
address user pain points. itself from competitors, enjoyable to use.
attract attention, and
create a strong brand
image.
4. Material and Manufacturing 5. Design Thinking and Problem
Innovation: Solving

Industrial designers work closely Industrial designers are trained in

with engineers and design thinking, a problem-solving
manufacturers to explore new approach that emphasizes
materials, manufacturing empathy, creativity, and iterative
techniques, and technologies. prototyping. They apply this
mindset to tackle complex product
challenges, generate new ideas,
and explore unconventional
solutions.
Industrial Design
THE LEGAL BASES OF INDUSTRIAL DESIGN VARY 4
DEPENDING ON THE COUNTRY OR REGION
1. Industrial Design Laws 2. International Agreements
The most significant one is the
Geneva Act of the Hague
These laws outline the Agreement Concerning the
requirements for design International Registration of
registration, the duration of Industrial Designs. This
protection, and the rights and Agreement allows applicants to
remedies available to design seek design protection in multiple
owners. member countries through a
single application process.
3. Intellectual Property 4. Copyright Laws 5. Trade Dress
Rights Protection

These rights grant the Copyright protection Trade dress refers to

owner exclusive rights may apply to certain the overall
to use, sell, or license artistic or creative appearance and
the design for specific elements of design, packaging of a
period. such as ornamental product or its
patterns or decorative distinctive features
elements. However, that identify the
copyright protections source of the product.
typically does not
cover functional
aspects of a design.
 THE REQUIREMENTS FOR DESIGN REGISTRATION
UNDER INDUSTRIAL DESIGN LAWS

Novelty The design must be new and original.

Ornamental or The design should have visual appeal and be primarily

focused on the appearance of the product rather than
Aesthetic Nature
its functional aspects.

Industrial It should be capable or being produced or applied to a

Applicability product through an industrial process.
 Non- Industrial design protection typically does not cover functional
Functional aspects of a design. Functional features are usually protected
Features under other forms of intellectual property, such as patents.

Design The design should be represented visually, typically through

Representation drawings, photographs, or digital images.

The application should include the necessary documentation,

Application such as the design representation, applicant information, and
and payment of applicable fees. In some cases, the design
Examination application may undergo a formal examination or substantive
examination to assess compliance with the legal requirements.
 DESIGNS WHICH ARE NOT REGISTERED UNDER THE ACT

1 design which is not new or original.

A design comprises or contains scandalous or obscene matter, shall

2 not be registered.

Designs is not significally distinguishable from known designs or

3
combination of known designs.

The registration for an industrial design is for a period of 10 years from the filing
date of the application. The registration of an industrial design may be
renewed for not more than two (2) consecutive periods of ten (10) years each
by paying a renewal fee. The fee should be paid within a year of the expiration
of the registration.
 Industrial design prosecution process refers to the steps involved in
obtaining industrial design protection through registration.
1.Preparation 2. Filing 3. Formal Examination

This includes creating The application should This examination

visual representations of be submitted along with typically checks if the
the design, such as the required application is
drawings, documentation and complete and if the
photographs, or digital payment of applicable required documents
images. fees. The filing date is and fees have been
important as it submitted correctly.
establishes the priority
of the design.
4. Substantive 5. Publication 6. Registration 7. Maintenance
Examination
The publication The registration This
This provides an certificate may include
examination opportunity for confirms the paying renewal
determines if interested rights of the fees at regular
the design parties to design owner intervals to
meets the review the and the duration maintain the
criteria of design and or protection. validity of the
novelty, raise any
registration.
originality, and objections or
industrial oppositions if
applicability. allowed by the
law.
 THE TERM OF PROTECTION FOR INDUSTRIAL
DESIGN
2. Registered 3. Unregistered
1. Design Patents
Designs Designs
In some countries,
The term of protection
industrial designs are The term of protection
for unregistered
protected through for registered designs is
designs is generally
design patents. The term usually shorter than
shorter and ranges
of protection for a design patents and
from 3 to 10 years,
design patent is typically ranges from 10 to 25
depending on the
around 15 to 25 years, years, depending on the
country.
depending on the jurisdiction.
jurisdiction.
FACTORS CAN AFFECT THE DURATION OF PROTECTION
FOR INDUSTRIAL DESIGNS IN DIFFERENT COUNTRIES
1. National Laws 2. Type of Protection 3. International Agreements

These laws may Different countries may Countries that are

specify the term of have different systems signatories to these
protection and any for protecting industrial agreements may need to
requirements or designs, and the term of comply with certain
conditions for protection can vary provisions regarding the
maintaining or accordingly. duration of protection.
renewing the
protection.
4. Renewal or Maintenance 5. Transitional Note: The duration of
Requirements Provisions protection for industrial
designs can vary between
Design owners may These provisions can countries, and the specific
need to pay renewal impact the duration of factors influencing the
fees or fulfill certain protection for existing duration can differ. It is
obligations at regular industrial designs, advisable to consult the
intervals to keep the extending or relevant national laws,
protection in force. shortening the term international agreements, and
Failure to comply with based on the specific intellectual property offices or
these requirements may provisions of the seek legal advice to
result in the expiration transitional understand the specific
of the design protection arrangements. duration of protection for
before the maximum industrial designs in a
term. particular jurisdiction.
 TRADEMARK AND SERVICE MARK

Trademark Service mark

is a type of intellectual property is similar to a trademark but is
that consists of a recognizable specifically used to identify and
sign, symbol, logo, word, phrase, distinguish services rather than
or design that is used to physical goods. Service marks
distinguish the goods or services are associated with intangible
of one company from those of services.
others. Trademarks are
associated with tangible products
THE LEGAL BASES OF TRADEMARKS AND SERVICE MARK
1. Trademark Laws 2. International Agreements 3. Madrid System

These laws outline the This convention It provides a centralized

requirements for establishes minimum system for the
trademark registration, standards for the international registration
the rights and protection of intellectual of trademarks.
remedies available to property, including
trademark owners, and trademarks, and provides
the procedures for for the recognition of
resolving trademark priority rights for
disputes. trademark applications
filed in different member
countries.
 5. Trade-Related Aspects of
4. Common Law Trademark Rights
Intellectual Property Rights (TRIPS)

Common law trademark rights

It requires member countries to
are based on the actual use of a
provide legal protection for
mark in commerce and do not
trademarks and service marks and
require formal registration.
to establish effective enforcement
However, registration provides
mechanisms against trademark
additional benefits and legal
infringement.
presumptions.
 TRADE NAMES
A trade name, also known as a business name or company name, is
the official name under which a business operates and conducts its
activities.
Are protected under intellectual property laws to prevent
unauthorized use or infringement by others.

THE NICE CLASSIFICATION OF TRADEMARKS AND SERVICE MARK

The Nice Classification is an international classification system used for the
registration of trademarks and service marks. It categorizes goods and services
into different classes based on their nature or purpose.

Industrial Design
 Classes 1-34: Goods Class 11: Apparatus for lighting, heating,
Class 1: Chemicals used in industry, and cooking.
science, and photography. Class 12: Vehicles and conveyances.
Class 2: Paints, varnishes, and coatings. Class 13: Firearms and ammunition.
Class 3: Cosmetics and cleaning Class 14: Precious metals and jewelry.
preparations. Class 15: Musical instruments.
Class 4: Industrial oils and greases. Class 16: Paper and printed matter.
Class 5: Pharmaceuticals and medical Class 17: Rubber and plastic goods.
preparations. Class 18: Leather and imitations of
Class 6: Metals and metal goods. leather.
Class 7: Machines and machine tools. Class 19: Building materials.
Class 8: Hand tools and implements. Class 20: Furniture and articles not
Class 9: Scientific, nautical, and included in other classes.
electrical apparatus and instruments. Class 15: Musical instruments.
Class 10: Medical and surgical Class 16: Paper and printed matter.
instruments and apparatus. Class 17: Rubber and plastic goods.
Class 18: Leather and imitations of leather. Class 32: Beers, mineral and aerated
Class 19: Building materials. waters, and non-alcoholic beverages.
Class 20: Furniture and articles not Class 33: Alcoholic beverages.
included in other classes. Class 34: Tobacco and smokers' articles.
Class 21: Household and kitchen utensils.
Class 22: Ropes and fibers. Classes 35-45: Services
Class 23: Yarns and threads. Class 35: Advertising and business services.
Class 24: Textiles and textile goods. Class 36: Insurance and financial services.
Class 25: Clothing, footwear, and Class 37: Building construction and repair
headgear. services.
Class 26: Lace, ribbons, and embroidery. Class 38: Telecommunications services.
Class 27: Carpets, rugs, and mats. Class 39: Transportation and storage
Class 28: Games, toys, and sporting goods. services.
Class 29: Meat, fish, and poultry. Class 40: Treatment of materials and
Class 30: Coffee, tea, and spices. processing services.
 When applying for trademark
registration, applicants must
Class 41: Education and entertainment
specify the class or classes that
services.
Class 42: Scientific and technological correspond to the goods or services
services. for which they are seeking
Class 43: Services for providing food and protection. This ensures that the
drink. trademark is properly categorized
Class 44: Medical and veterinary services.
Class 45: Legal and security services
and registered in the appropriate
class or classes.
 TRADEMARK SEARCH
A trademark search is a process of conducting a search to determine the
availability and potential conflicts of a proposed trademark before filing a
trademark application. The purpose of a trademark search is to assess the
likelihood of successfully registering and protecting a trademark.

1. Preliminary Search
A preliminary trademark search is an initial search conducted by the applicant or
their legal representative to get a general idea of the availability of a trademark.

2. Full Clearance Search

A full clearance trademark search, also known as a comprehensive search or a
trademark availability search, is a more in-depth search conducted by
professional trademark search firms or intellectual property attorneys.
 THE REQUIREMENTS FOR TRADEMARK APPLICATION
AND REGISTRATION
1. Trademark 2. Goods and Services 3. Applicant Information
Identification Classification
The applicant must This involves selecting the The application must
clearly identify the appropriate class or include the name and
trademark for which classes from the contact information of
they are seeking international the applicant. This can
registration. classification system, such be an individual, a
as the Nice Classification, company, or any legal
which categorizes goods
entity that is seeking
and services into different
trademark registration.
classes.
 4. Basis for 5. Specimen of 6. Application Fee
Application Use

The applicant must In jurisdictions that The applicant is

indicate the basis for require proof of use, typically required to pay
the trademark the applicant may need an application fee at
application. This can to submit a specimen or the time of filing the
include actual use of sample showing how trademark application.
the trademark in the trademark is being
commerce or an intent used in connection with
to use the trademark in the specified goods or
the future. services.
 7. Examination and 8. Registration and
Publication Renewal

After the application is filed, it The registration provides the

undergoes an examination process owner with exclusive rights
by the intellectual property office. to use the trademark in
The office checks for any conflicts connection with the
with existing trademarks or other specified goods or services.
legal requirements. If the Trademark registrations are
application is found to meet the typically valid for a specific
requirements, it is published in an period, which can vary
official gazette or database for a between countries, and can
specified period to allow for be renewed upon payment
opposition by third parties. of renewal fees.
THANK YOU!