India Trademark Registration, India Patent Registration, Free Trademark Search, India Patent Attorney, India Trademark Attorney, Free India Patent Database Search, Patent Drafting outsourcing Tradeamrk india,Tradeamrk Search,Tradeamrk Agent, Design & Copyrights Attorney in INDIA @ ASIAN TRADEMARK COMPANY.

Isn’t an industrial design protected as an artistic work under the Copyright Act?

What is the procedure for registration of designs?

What is the term of registration for designs?

How can you help me in getting my designs registered ?

What are the costs involved for registration of industrial designs?

Under the Designs Act, 1911, design means only the features of shape, configuration, pattern or ornament applied to an article by an industrial process. Shape and configuration refer to the form of the article and is usually three-dimensional in nature. Pattern and ornament are decorative features applied to the surface of articles and are usually two dimensional in nature. The application of such a design makes the final products appeal to the observer’s eye. The design, in order to be registrable, must be judged solely by the viewer’s eye and should not be a mere mechanical device. A manufacturer may use a particular design with reference to a product in order to ensure that the same catches the consumer’s eye easily. It is this design which is protected under the Designs Act, 1911. Designs which are functional, i.e. articles made in a particular design, not with a view to appeal to the consumer, but to render it functional, is not registrable. Further the design in order to be registrable should be new and original and not previously published in India.

Copyright owners have the exclusive rights to do or authorise the doing of any of the following in respect of a work :

• to reproduce the work in any material form including the storing of it in any medium by electronic means
• to issue copies of the work to the public not being copies already in publication
• to perform the work in public, or communicate it to the public
• to make any translation or adaptation of the work
• to sell or give on hire, or offer for sale or hire a copy (in case of a computer programme), regardless of whether such copy has been sold or given on hire on earlier occasions.
• copyright confers a number of rights, some or all of which can be granted to others either exclusively or non-exclusively.

We have associates all over the world who can help making your trademark registrations in other countries a smooth process. Simply send us an email at info@asiantrademark.com with the necessary details and the country you are interested in.

An ordinance is presently pending before the Indian Parliament for amendment of the Trademarks Act for providing protection to service marks. Associates and clients from all over the world can submit their requests for filing applications for service marks and as soon as the ordinance becomes a Law, we shall file the Service Mark applications on their behalf.