DESIGN PORTFOLIO

In today’s competitive market, product design plays a critical role in shaping consumer perception and product identity. The Designs Act, 2000, grants exclusive rights over the features of shapes, configurations, patterns, ornamentation, and compositions of lines or colours, ensuring protection against unauthorized use and imitation.

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At Khurana & Khurana, we offer end-to-end design protection services, helping businesses, designers, and innovators safeguard their creative assets, enforce their rights, and maximize commercial value.

 

Why Register a Design?

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A registered design provides legal protection and market exclusivity, ensuring that no third party can copy or commercially use the design without permission.

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• Exclusive Rights: Grants the owner monopoly control over the design for ten years, extendable by an additional five years.

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• Stronger Enforcement: Simplifies legal proceedings against infringers, enabling swift action to protect market position.

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• Market Differentiation: Enhances brand identity and consumer recognition, making the product stand out.

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• Commercial Advantage: Increases the design’s licensing, franchising, and monetization potential, adding value to the business.

 

Our Approach

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At Khurana & Khurana, we assist clients in strategizing, filing, and enforcing their design rights, ensuring stronger legal positioning and commercial benefits. Our Services include:

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Why Choose Khurana & Khurana?

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·Decades of experience in design protection, prosecution, and enforcement.

·Strong expertise across industries such as fashion, consumer goods, automobiles, electronics, and packaging.

·Comprehensive global network for seamless international filings and enforcement.

 

At Khurana & Khurana, we ensure that your designs remain exclusive, enforceable, and commercially valuable, giving you a strategic edge in the marketplace.

 

📩 For expert design protection services, reach out to us at info@khuranaandkhurana.com.

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Download PDF for more information

What is a Design?

Eligibility criteria for Registration of a Design

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Design Search

 

Before filing for design registration, it is critical to verify that the design is new, original, and free from conflicts. Conducting a thorough design search reduces the risk of rejection and strengthens the chances of successful registration. At Khurana & Khurana, we provide:

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• Comprehensive Design Searches: Conducting pre-filing searches in relevant national and international design databases to identify existing similar or conflicting designs.

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• Risk & Infringement Assessment: Evaluating potential risks of similarity with existing or previously registered designs to mitigate opposition and legal disputes.

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• Strategic Filing Recommendations: Advising on modifications or refinements to ensure stronger protection and enforceability.

 

📩 For design search and risk assessment services, contact us at info@khuranaandkhurana.com.

 

Design Registration

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A registered design provides exclusive commercial rights for up to 15 years, preventing unauthorized reproduction and misuse. Whether you seek protection in India or multiple international jurisdictions, securing a registered design is critical for maintaining market exclusivity and enhancing commercial value.

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At Khurana & Khurana, we provide comprehensive design filing services, ensuring that your design rights are secured in India and abroad through seamless domestic and international registration strategies.

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Domestic Design Filing (India)

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For businesses seeking design protection in India, we provide end-to-end support throughout the registration process under the Designs Act, 2000. Our Services include:

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• Preparation and Filing of Applications: Drafting and filing design registration applications before the Indian Patent Office.

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• Locarno Classification: Assigning the correct class and subclass under the International Locarno Classification System to ensure accurate categorization.

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• Examination & Prosecution: Handling examination reports, responding to objections, and attending hearings to ensure successful registration.

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• Renewals & Maintenance: Managing renewals and post-registration compliance to extend protection for an additional five years.

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International Design Filing

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For companies seeking to protect their industrial designs in multiple jurisdictions, we assist in securing design rights internationally through two primary routes:

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• Hague System for International Design Registration

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The Hague System, administered by WIPO, simplifies international design protection by enabling applicants to file a single international application covering multiple member countries. The Hague Agreement provides a centralized mechanism for securing design rights across 96 member countries through a streamlined process.

 

Key Features of the Hague System

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• Single Application, Multiple Countries: Applicants can file one application in one language and pay a single set of fees, rather than filing separately in each country.

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• Centralized Management: Handle renewals and modifications (such as ownership changes) centrally through WIPO, reducing administrative burdens.

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• No Substantive Examination by WIPO: Each designated country examines the application independently based on its national design laws.

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• Cost-Effective and Efficient: Reduces time, effort and filing costs compared to filing separately in multiple jurisdictions, making it an ideal choice for businesses looking for broad international coverage with a streamlined process.

 

• Paris Convention Route (Convention-based Filings)

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For countries not covered under the Hague System, we facilitate direct national filings through the Paris Convention. The Paris Convention allows applicants to file design application in any of the 100+ member countries within six months of their first filing while retaining the same priority date. Each country examines the application separately based on its national design laws. This route is ideal for applicants who have a specific list of target markets and are prepared to file directly in those jurisdictions. However, since design rights are territorial, filing under the Paris Convention does not provide simultaneous protection in all countries—applicants must individually file in each chosen jurisdiction.

 

Key Features of Paris Convention Route

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• Claim Priority: File a design application in India (or any member country) and claim priority in other Paris Convention countries within six months.

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• Country-Specific Compliance: Adapt filings to meet local design laws in key jurisdictions such as the USA, Japan, China, Korea, Canada, and Australia.

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• Coordinated Global Strategy: Work with our network of international partners to streamline filings, ensuring jurisdiction-specific compliance and strategic enforcement.

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Choosing Between the Paris Convention and the Hague System

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The choice between the Paris Convention and the Hague System depends on several factors, including cost, strategic objectives, and the number of target countries.

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​​Why choose Khurana & Khurana?

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With deep expertise in domestic and international design filings, Khurana & Khurana provides tailored solutions to help clients secure, manage, and enforce their design rights worldwide.

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• Expert Guidance: Our team assists in drafting and filing design applications under both the Hague System and Paris Convention.

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• Strong Global Network: We collaborate with top-tier international industrial design law firms to seamlessly manage national phase filings.

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• Cost-Effective Strategy: We help clients optimize their international design protection based on business priorities and jurisdictional costs.

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• Proactive Prosecution: Our team ensures timely responses to office actions and formal objections, helping to secure quick and effective registrations.

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We handle the entire design registration process, in-house, with efficiency, precision, and strict adherence to deadlines, ensuring our clients receive maximum protection with minimal complexity.

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📩 For expert assistance with domestic and international design filings, please contact us at info@khuranaandkhurana.com.

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Office Actions & Examination Support

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Once a design application is filed, it undergoes substantive examination by the Patent Office to assess compliance with the Designs Act, 2000, or other applicable international laws in case of national phase applications. If objections are raised, our legal team provides comprehensive, end-to-end support to ensure successful registration. Our Services include:

 

• Response to Examination Reports: We specialize in drafting precise, well-reasoned responses to objections related to novelty, distinctiveness, and registrability criteria under the Designs Act, 2000, as well as relevant international laws. Our team ensures that responses effectively address concerns and strengthen the application’s chances of approval.

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• Hearing & Representation: In cases where further clarification is required, we represent clients before the Indian Patent Office (IPO), World Intellectual Property Organization (WIPO), and other relevant authorities to defend the application and advocate for successful registration.

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📩 For legal support in office actions and hearings, get in touch at info@khuranaandkhurana.com.

 

Design Enforcement & Litigation

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Unauthorized reproduction or imitation of a registered design is actionable under the Designs Act, 2000. At Khurana & Khurana, we provide strategic enforcement and litigation support to protect design rights.

 

Our Services include:

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• Cease & Desist Notices: Issuing legal notices to infringers demanding the immediate cessation of unauthorized use.

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• Infringement Litigation: Initiating civil actions and seeking injunctions to prevent unauthorized commercialization and imitation.

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• Customs & Border Protection: Assisting with design enforcement through customs authorities to block counterfeit imports and prevent market dilution.

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• Alternative Dispute Resolution: Representing clients in mediation and arbitration proceedings to resolve disputes efficiently.

 

📩 For expert legal support in enforcing design rights, contact us at info@khuranaandkhurana.com.

 

Design Licensing & Commercialization

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A registered design can be a valuable business asset, offering opportunities for licensing and monetization. We help businesses leverage their design rights for commercial growth.

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• Licensing & Assignment Agreements: Structuring agreements that allow third-party use while retaining ownership rights.

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• Valuation & Commercial Strategy: Advising on market-based pricing, revenue-sharing models, and strategic monetization.

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• Cross-Border Licensing Support: Assisting with international licensing to ensure compliance with jurisdictional requirements.

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• Negotiation & Risk Mitigation: Drafting enforceable contracts that mitigate risks and safeguard ownership interests.​

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📩 For licensing and commercialization guidance, contact us at info@khuranaandkhurana.com.

 

Design Portfolio Management

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Effectively managing a design portfolio ensures that businesses maximize the value of their registered designs while maintaining compliance with legal requirements. At Khurana & Khurana, we offer comprehensive design portfolio management services to help businesses streamline filings, track renewals, and enforce their rights across multiple jurisdictions.

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Our Services include:

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• Portfolio Strategy & Optimization: We assist in structuring a well-balanced design portfolio that aligns with business goals, ensuring strategic protection across industries and markets.

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• Renewals & Maintenance: Managing design renewals to extend protection for the full statutory term, avoiding accidental lapses or expirations.

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• Multi-Jurisdictional Portfolio Coordination: Handling registrations and enforcement across domestic and international markets, including filings under the Hague System and Paris Convention.

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• Design Monitoring & Enforcement: Conducting market surveillance to detect unauthorized use or infringement, taking swift legal action where necessary.

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• Due Diligence & Audits: Evaluating existing design assets, verifying ownership rights, and ensuring proper documentation for licensing, mergers, acquisitions, or litigation.

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By proactively managing your design portfolio, we help businesses safeguard their creative assets, maintain exclusivity, and strengthen their market position.

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📩 For expert assistance in managing your design portfolio, reach out to us at info@khuranaandkhurana.com.