DESIGN SERVICES
DESIGN SEARCH
It is imperative that a thorough design search be carried out prior to filing for design registration to determine if a corresponding or identical design has been registered. The search assists in evaluating the novelty and uniqueness of the design, which are primary considerations for registration. Our experts carry out thorough searches in national and international databases to find prior registrations that could be a threat to the application. This proactive technique reduces the risk of rejection and fortifies the application process.
Through examination of available designs, we offer clients advice on how to alter or redesign their design to enhance the possibility of successful registration. Our design law experience allows us to advise businesses to make intelligent decisions regarding filing strategies, limiting prospective legal conflicts later. Conducting an effective design search is the initial and most fundamental step toward obtaining exclusive rights over a design.
DESIGN REGISTRATION
Obtaining a design registration provides the owner with monopoly rights over its visual aspects to prevent competitors from replicating or commercially using the design without their consent. We guide clients every step of the way in obtaining the registration, from document preparation to submitting the application to relevant authorities. We take care of ensuring that the formal requirements of exact representations, correct classifications, and accurate descriptions are fulfilled in order to exclude procedural delays.
We provide registration services in India, USA and other jurisdictions as well. Design protection in India is regulated by the Designs Act, 2000, which confers exclusive rights to the visible appearance of a product, such as its shape, pattern, ornament, or configuration. We help clients file design applications before the Indian Patent Office (IPO) and ensure compliance with all the statutory requirements. In the United States, design protection is granted through Design Patents, which safeguard the ornamental aspects of an article. We help clients through the USPTO filing process, ensuring that their design applications are drafted with precise and USPTO-compliant images, which are crucial for approval.
During the process, we coordinate with the design office to settle any questions and facilitate a smooth examination. Our proactive nature guarantees that clients are provided with a valid design registration, allowing them to effectively enforce their rights in the event of any infringement. Through design protection, companies can establish robust brand recognition and create a competitive advantage in their sector.
DESIGN PROSECUTION
After a design application is submitted, it goes through an examination process where objections can be raised on grounds of novelty, similarity with already existing designs, or incorrect documentation. We attend to all matters of prosecution, such as answering examination reports, overcoming objections, and coordinating with IPO and USPTO officials for hassle-free registration. Our expertise lies in the prosecution of designs by responding to office actions and successfully overcoming objections. We study the objections presented by the examiner and draft elaborate legal arguments to substantiate the novelty of the design.
If necessary, we help streamline the design representations or modify descriptions to meet regulatory needs. We also communicate with the design office to address any issues and accelerate the registration process. Our objective is to enable our clients to obtain design rights successfully with few procedural obstacles, thereby enabling them to commercialize and safeguard their innovations without delay.
INFRINGEMENT ANALYSIS & ENFORCEMENT
When a registered design is being reproduced or used illegally, there is a need to act swiftly to avoid monetary and reputational loss. We help clients undertake an extensive infringement study by matching the original registered design with the purported infringing item. This includes a critical evaluation of similarity in shape, pattern, ornamentation, and general appearance to establish the merit of the infringement case.
Based on our research, we offer strategic legal advice on the most appropriate action, whether in the form of negotiations, cease-and-desist letters, or formal legal actions. If so required, we help in initiating lawsuits to enforce design rights and obtain proper remedies. Our enforcement measures are such that they guard our clients’ exclusive rights without violating national and international design laws.
DESIGN CANCELLATION PROCEEDINGS
In some instances, a registered design can be challenged if it was registered by mistake or is in conflict with another design. We help clients file design cancellation proceedings to delete improperly registered designs from the register. Our experts perform a detailed analysis of the design and develop legal arguments to challenge the validity of the design on grounds of lack of novelty, misrepresentation, or procedural irregularities.
Conversely, if a client’s registered design is questioned by a third party, we offer defense mechanisms to uphold the validity of the registration. Through the preparation of comprehensive counterarguments, we assist our clients in protecting as well as keeping their designs under exclusive rights.
