Industrial design registration

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What is an industrial design?

What is an industrial design?

Many enterprises devote a significant amount of time and resources to enhancing the design of their products, in order to:

Customize products to particular customer groups. Small modifications to the design of a product (eg a watch) may make it especially suitable for particular ages, cultures or social groups. While the main functions of the watch may remain the same, children and adults are likely to prefer very different designs.

Create a new 'niche' market. In a competitive marketplace, a company may develop a niche market for itself by introducing a creative design for its product that differentiates it that of its competitors. This can be equally the case for such ordinary items as locks, cups and saucers, as for potentially high priced items such as jewellery, computers or cars.

Strengthen brands. Creative designs are often combined with distinctive trademarks to enhance a company's brand(s). Many companies have successfully redefined their brand image through strong focus on product design.

In everyday language, an 'industrial design' generally refers to a product's overall form and function. An armchair is said to have a 'good industrial design when it is comfortable to sit in and we like the way it looks. Thus, for enterprises, designing a product generally implies developing the product's functional and aesthetic features while taking consideration issues such as the product's marketability and the costs of manufacturing, or the case of transport, storage, repair and disposal.

an IP law perspective, however, an industrial design refers only to the aesthetic aspects or outward appearance of a product. In other words, it refers only to the appearance of an armchair. Although the design of a product may have technical or functional features, industrial design, as a category of IP Law, refers only to the aesthetic nature of a finished product, and, therefore, is distinct any technical or functional aspects.

Industrial design is applied to a wide variety of mass-produced as well as individually crafted products: technical and medical instruments to watches, jewellery and other luxury items; household products, toys, furniture and electrical appliances to cars and architectural structures; textile designs to sports equipment. Industrial design is also applied to product packaging and containers.

As a general rule, an industrial design consists of the three-dimensional features, such as the shape of a product, the two-dimensional features such as ornamentation, patterns and lines or colour, or a combination of two or more of these.

What is an industrial design?
Why should I protect my designs?

Why should I protect my designs?

There are a number of reasons why it is important for businesses to protect their designs.

The design of an article is often the factor that makes it attractive and appealing to customers, and visual appeal is a key consideration in the decision of the consumer to choose one product in preference to another. This is particularly true of categories where there is a wide range of products performing the same function, such as hairbrushes, knives and lamps, or also cars and computers. Given the commercial importance of design in the success of a product, protecting it copying and imitation by competitors should be a key part of the business strategy of any designer or manufacturer.

Smart industrial designs are business assets that can increase the commercial value of a company and its products. The more successful the design the higher its value to the company. As is the case with all the assets of a company, they should be adequately managed, monitored and protected.

Industrial design plays a big role in the successful marketing of a wide variety of products, helping to define the image of a company's brand. Protection of an industrial design ensures exclusivity over its use and is a key element in a company's marketing strategy.

A protected design may also provide an additional source of revenue for your company, through licensing out to others, for a fee, the rights to its use, or by selling the registered design right.

Why should I protect my designs?

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Please kindly help fulfill following documents for filing process

01
1.

The original Power of Attorney will be needed not later than 01 month the date of filing Vietnamese version. For non-PCT applications, if original Power of Attorney is not available at the filing time, the fee for late submitting the document will be charged by Vietnam National Office of Intellectual Property (NOIP).

02
2.

Five sets of drawings or photographs including views perspective, top, bottom, front, back, right, to illustrate the design. The drawings/photographs should be made in the same scale and not exceed the international size A4.

03
3.

Brief design description in English showing the distinctive features of the design.

04
4.

Certified copy of the priority document in case of applications claiming priority under Paris Convention. This document  can be fulfilled not later than 01 month the filing date.

Successful registration

Working process

Classification of objects for registration of intellectual property rights
Step 1
Classification of objects for registration of intellectual property rights
Identify the agency receiving the application for intellectual property registration
Step 2
Identify the agency receiving the application for intellectual property registration
Preparing documents for registration of intellectual property protection
Step 3
Preparing documents for registration of intellectual property protection
Submit application for registration at the registrar
Step 4
Submit application for registration at the registrar
Receive an intellectual property registration certificate the authorities
Step 5
Receive an intellectual property registration certificate the authorities

A brand's reputation cannot be ruined by delay!

Leave information for advice

Please kindly be reminded that

1.

Deed of Assignment and the Vietnamese translation of the priority document may be required by the Vietnamese Industrial Design Office case by case.

1.
2.

The validity term of a Design Patent is 05 years the filing date. It comes effect the granting date and can be renewed for two additional consecutive periods of 05 years each.

2.
3.

You can file different variants of a design in a single application or separate applications. If you file different applications, you must explain that the design is one variant of the previously filed design. All variants of a design are granted only in one Design Patent.

3.
4.

It takes 10 months the filing date for the design to be granted, of which 01 month is for formality examination, 02 months is for publication and 07 months is for substantive examination.

4.
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Please kindly be reminded that

Please kindly provide Tran & Tran with following information

1. Name, address and nationality of the applicant

2. Name, address and nationality of the designer

3. Title of the design stating the article for which registration is sought

4. International classification code under the Locarno Agreement

5. Country, application number and filing date of the earlier application which priority is claimed in case of priority application.

Useful links

1
the World Intellectual Property Organization (WIPO)
2
the China National Intellectual Property Administration (CNIPA)
3
the United States Patent and Trademark Office (USPTO)
4
the European Intellectual Property Office (EUIPO)
5
the Vietnam Intellectual Property Office

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