Now that we understand the difference between industrial design and utility patent, let us understand how it differs from trademark.<\/p>\n\n\n\n
A trademark is a sign capable of distinguishing goods or services produced by one business from another. The trademark can be a phrase, word, symbol, design, insignia, picture, shape, logotype, color or a combination of more than one of these. A growing number of countries are also accepting 3-Dimensional sign (shape of a product or packaging), olfactory sign (sense of smell), audible sign (sound), moving image, a hologram and text or texture of a product to be a mark. A trademark is usually protected by its registration under the relevant trademark law. Some of the more famous trademarks across the globe are those of Apple, Coca-Cola, McDonalds and Nike.<\/p>\n\n\n
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Examples of Trademarks and Industrial Designs<\/figcaption><\/figure>\n<\/div>\n\n\nIndustrial design and trademark may look alike, but they are different. Some of the differences are listed out in Table 2 below.<\/p>\n\n\n
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Table 2: Difference between Trademark and Industrial Design<\/strong><\/figcaption><\/figure>\n<\/div>\n\n\nIndustrial design and trademark are both indispensable parts of a business. A successful organization always allocates a fair amount of resources for developing and protecting them as they are crucial to accomplish an organization\u2019s short-term and long-term objectives.<\/p>\n\n\n\n
<\/span>How Industrial Design Helps to Achieve the Set Business Objectives?<\/span><\/h2>\n\n\n\nDesign strategy should complement the business strategy. Decision-makers in an organization can leverage industrial designs to achieve the business objectives via larger picture visualization and faultless execution. One of the central business objectives in an organization is to guide its profitable operations. This is possible only by acquiring new customers and retaining the existing ones. Today, customers make a purchasing decision based on price, quality and product design. A breathtaking design captures customers’ interest and reinforces a positive brand image of the organization. As a result, a new customer is ready to switch while the old customer is happy with the current portrayal of the design.<\/p>\n\n\n\n
It is imperative to understand international designs, community designs and national designs of the EU countries before formulating a business strategy vis-\u00e0-vis industrial designs.<\/p>\n\n\n\n
<\/span>What are International Designs, Community Designs and National Designs of the EU Countries?<\/span><\/h2>\n\n\n\nThe International design system<\/strong> allows the applicants to secure design protection concurrently in many countries or regions via one international application in one language with one set of fees. Moreover, there is no need to file a regional or national design application once you have filed an international design application. Popular global design application routes are:<\/p>\n\n\n\n\nThe Hague System for the International Registration of Industrial Designs<\/li>\n\n\n\n Paris Convention Treaty<\/li>\n<\/ol>\n\n\n\n<\/span>What is The Hague System for the International Registration of Industrial Designs?<\/span><\/h4>\n\n\n\nThe Hague system for international registration of industrial designs helps applicants register up to hundred designs in seventy-five contracting parties covering ninety-two countries by filing a single international application.<\/p>\n\n\n\n
<\/span>Who can use the Hague System?<\/span><\/h4>\n\n\n\nThe eligibility for filing an international application under the Hague System is listed below:<\/p>\n\n\n\n
\nApplicant must be a national of a contracting party or of a member state of an inter-governmental organization which is a contracting party.<\/li>\n\n\n\n He\/she has a habitual residence or domicile in a contracting party.<\/li>\n\n\n\n He\/she has a real and effective commercial or industrial establishment in a contracting party.<\/li>\n<\/ul>\n\n\n\n<\/span>How does Hague System work?<\/span><\/h4>\n\n\n\nThere are four steps to obtain international design protection under the Hague convention. The steps have been mentioned in Figure 1 below:<\/p>\n\n\n
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Figure 1: Four Steps to International Design Protection under the Hague Convention<\/strong><\/figcaption><\/figure>\n<\/div>\n\n\n*<\/strong>The designated contracting party can refuse protection within its territory, notifying WIPO within six (in some cases) 12 months from the date of publication of international registration. WIPO notifies the territory where protection is refused.<\/p>\n\n\n\nNow that we are familiar with the benefits of Hague System, let us move on to understanding the Paris Convention.<\/p>\n\n\n\n
<\/span>Paris Convention for the Protection of Industrial Designs<\/span><\/h2>\n\n\n\nThe Paris convention applies to intellectual property in the broadest sense, including industrial designs. The important provision of the convention falls into three main categories – national treatment, right of priority and common rules.<\/p>\n\n\n\n
1. National Treatment: <\/strong>The provision on national treatment states that – with regards to protection of industrial design, each contracting state should grant the same protection to nationals of other contracting state, the way it grants to its own nationals. Besides, applicants of non-contracting state are also entitled to national treatment under the convention, provided they are domiciled or have a real commercial or industrial establishment in the state.<\/p>\n\n\n\n2. Right of Priority: <\/strong>The Paris convention also provides the right of priority in the case of industrial designs. The right of priority states that applicants can seek protection in any of the contracting states on the premise of filing application in one of the contracting states. The protection should be sought within six months for industrial designs. The subsequent application is regarded as filed on the same day as the first application. Besides, the application enjoys priority over applications filed by others during the same time for the same industrial design. One of the main benefits of this provision is that applicants looking for protection in multiple countries need not present all their applications simultaneously. The applicants will have 6-12 months to decide the countries wherein they are seeking protection and organize the steps necessary for securing protection.<\/p>\n\n\n\n3.<\/strong> Common Rules: <\/strong>The Paris convention lists a few common rules that every contracting state must follow. The rules are stated as – \u201cIndustrial designs have to be protected in each Contracting State, and protection may not be forfeited on the ground that articles incorporating the design are not manufactured in that state\u201d.<\/p>\n\n\n\nIn addition to international design, there is also community design that offers protection beyond the territory of a country. Let us understand it in the next section.<\/p>\n\n\n\n