Industrial Design Protection
Design is a silent ambassador of your Brand and industrial designing is the beautification of a simpler product by using the skills of art, engineering, and business to make the product more pleasing for daily use
Benefits of Industrial Design Trademark
It is considered to be a brand name that someone used to distinguish their product from other companies. Suppose your company product generated an impressive Return on Investment upon its supply to the market during the first month of its launch, then your company will generate lifetime revenues because competitors can’t copy your trademark and your copyright works.
For individual and business owners, industrial design protection may be a valuable asset. Most of the time success of a product is usually influenced by its design; in an aesthetic-driven consumer base, the looks of fashionable products can often be equally or more important than their functionality. Gaining exclusive rights to a product with a particular design may result in a substantial return on the investment because it will allow you to prevent others from reproducing a popular design.
Industrial design protection in the United Arab Emirates provides you exclusive rights to the commercial production, marketing, and sale of your item and validity will be 20 years from the filing date. It also protects your product from your competitor from importing a product that copies or very closely resembles your design in the United Arab Emirates.
If your industrial design is infringed upon, you may bring your case to court and be awarded damages for the lost sales you have incurred as a result of the infringement of your design registration. This allows you to focus on establishing products based on superior industrial design without worrying about knockoffs from competitors who can produce items cheaper or who can scale their manufacturing quicker.
An industrial design registration can also be sold or licensed to others. If you do not want or do not have the capability to produce the product protected by your industrial design, you may be able to sell or license your design to another and earn a royalty on their sales. Further, your industrial design protection can help you establish goodwill in the trademark sense in a particular shape and appearance of the article, which is referred to as its get-up in trademark law. Having a sufficient reputation in the get-up of a product becomes a separate ground for excluding others from copying your design. The period of exclusivity provided by industrial design protection allows your reputation in the design to build and then potentially provide those protectable trademark rights that can extend indefinitely if sufficient reputation in the get-up is maintained.
Benefits of Industrial Design Trademarking
If you are in a marketplace and ready to launch your new product with its benchmark name, then it would be having the following salient benefits which will help your product to be distinguished from the rest of the competitors in the market.
- A trademark for your industrial product design will give you a unique status and intellectual property protection and copyrights from your competitors.
- A beautifully drawn portrait of any product will definitely enhance its beauty and if an industrial designer is following all the ethical and technical parameters, then the client will be very happy after seeing his/her product designed artistically.
- If the technical drawings for your product design are unique and new in the market, then it can generate passive income by using patents. Also, technical drawings can be used as an information kit for your product.
- A trademark will boost the marketing of your product. A trademark is an important element of the company’s brand. Thus, marketing costs will be reduced because your trademark is already marketing your product.
- Trademark rights can be sold to another company, which will then generate revenues for the trademark owner.
Finally, it is concluded that industrial design registration is critical for the success of the company’s product.
Industrial Design Protection
In industrial design, a good product design is what satisfies the customers’ needs and connects with their emotions. An industrial designer looks at all aspects of the product design including manufacturing costs and visually engaging product design to optimize for the best possible product. A good product design is key to beating competitors in the market. By registering your Industrial design, you own the exclusive rights and it prohibits your competitors from using similar or identical designs of the product.
Legal Protection (UAE Patents and Design Law)
In the UAE, Industrial design protection is ensured by registering the product design in each country of interest separately through the national patent office. Industrial design protection falls under Chapter 3 of UAE Federal no 17 of 2002, which is said to be any 3-dimensional shape used in any industry or craft working.
After payment of the required fees, the industrial design is issued upon the direction of the concerned minister and published in industrial property circular.
Industrial Design Protection FAQs
A design patent is protection that applies to a product’s aesthetic look and feels. It should not serve a functional purpose and must be purely ornamental.
A utility patent, on the other hand, applies protection to a product’s functional capabilities, rather than it’s physical features.
Good To Know: Industrial Designs are also known as Design Patents.
Yes you can. As long as your invention fits your local patent office registration criteria.
For your invention to qualify for design registration, it must meet the following criteria:
- Your design must be an inseparable part of your product. For example, the unique shape of a bottle would qualify for protection. The contents of the bottle, however, will not qualify
- The design in question is of purely ornamental nature and does not serve any functional purposes
Industrial design annuities are annual fees that are paid to your local patent & design office. They are also known as patent renewal or maintenance fees.
Failure to pay annuities before the predetermined deadline will revoke your ability to enjoy the rights accruable from design patent protection.
Industrial design records refer to an official record of all amendments made to your design registration such as change of ownership, changes in name or address of owner, or changes made to the actual design.
