In this article, you will learn about protecting your shoe designs with copyright in India. Read on to know more.
Protecting Your Shoe Designs with Copyright
The shoe market is competitive, and no one wants to lose out because a competitor stole a wonderful idea. If you have a unique concept for a pair of shoes, you should apply for patent protection.
This guide will assist you in determining whether your shoe creation is patentable, what type of patent you should apply for, and who you should contact for assistance.
Is It Possible to Patent Shoe Designs?
The short answer is that shoe designs can be patented. There are two types of patents available: design and utility. Having a patent allows you to protect your shoe design from others who use, sell, produce, or offer to sell a shoe that contains an element protected by your patent.
Firstly you need to ascertain whether your shoe has a unique function or design to see if you have a chance of obtaining a patent. The next step is to conduct a search to ensure that no one has already thought of your idea. After that, you can prepare and submit your application. You must then monitor the status of your application and respond to any communications that are sent to you as soon as possible.
Protection is granted for a set period of time after approval. A design patent is valid for 15 years from the date of patent office approval. A utility patent is valid for 20 years from the date the patent is granted. Once your patent has been granted, you can profit by licensing the right to use your inventions to shoe manufacturers.
Patents for Shoe Designs
A design patent protects your item’s new and original ornamental design. Each application is limited to one claim. If you want to protect multiple design elements, you may need to file out several forms of application.
Your application should include a title, a brief description of the drawings you’ve included, and design drawings. A design patent must demonstrate that the design is new, original, not obvious, ornamental, and subject matter in an article of manufacture in order to be approved.
If you find another shoe that is significantly just like the design you’ve received approval for, you can use your patent to enforce it. This type of protection allows your shoe to retain its unique style and feel on the foot.
Decker UGG, for example, is well-known for its boots. The Bailey Button, a single large button on the side, is patented by the company. It also owns a patent for a Bailey Button Triplet, which is a similar design with three buttons on the shaft of the boot. However, a design patent for the sole, upper, or heel can be obtained.
Shoes With Utility Patents
A utility patent concentrates on the shoe’s structure and functionality. This type of patent is more common and has typically been regarded as the “stronger” protection tool. This isn’t always the situation with shoes, which are both functional and fashionable. A utility patent can be used to protect how you built the shoe to improve its effectiveness. This could be the heel, the sole, or the upper.
A utility patent could, for example, define a high heel along with an adjustable heel. The patent provides the heel’s functionality and how it changes in height. A single utility patent can contain multiple claims.
A written technical description of your shoe invention is required for a successful application. You should also include detailed drawings of your invention. Your application must demonstrate that your invention is novel, useful, and not widely known.
Examples of Shoe Patents
Nike is the subject of approximately 6,000 US patents. One of those patents is for FlyKnit Technology. It’s the lightweight woven fabric that appears on many of their sneakers. Despite its outstanding efficiency and consumer popularity, it has caused Nike some problems.
It first sued Adidas, claiming that the other company infringed on its patent by using a strikingly similar fabric. Nike recently filed a similar lawsuit against Puma for the same infringement as well as many others relating to their shoe construction method.
Attorneys with Shoe Patent Experience
You could start the application process yourself, as with any other patent application. However, this is a bad idea because the road to approval is beset with potential pitfalls. Previous shoe patents will be familiar to a skilled and experienced shoe patent attorney.
Your lawyer should be able to tell you about successful applications and why they were successful. They should conduct extensive research and application planning for you. Because your attorney will need to analyse the design, construction, and function of the shoes, they present some unique challenges.
Your Shoe Design Can Be Patented
If you have created a shoe design that you believe is creative and unique, a patent can provide you with the necessary protection to generate a profit. The best first step is to consult with an attorney.
Our team can assist you in analysing your innovation and determining whether a design or utility patent is the best option. Applying for multiple patents may be the best way to make sure that the entire unique elements are properly addressed.
What are the Different Steps Involved in Copyrighting?
Following are the steps involved in copyrighting clothing designs
- Check to see if your logo or decoration qualifies for copyright. A logo or decoration is only eligible if it was designed by you and took a significant amount of time and creative thinking to create. Furthermore, ensure that your logo or decoration is unique and has not been copied by someone else.
- Fill out the copyright application on the Vakilsearch website. You must enter your contact information as well as information about your logo that you want to get copyrighted. It is far less expensive to submit an application online rather than by mail.
- Submit the sitting fee through any preferred payment method.
- Send two hard copies of your logo to the Indian Copyright Office at the address on the form. This is required even if you file online.
In this article, we have covered the process of protecting your shoe designs with copyright. While the shoe designs can be patented and not copyrighted, we have discussed the different kinds of patents for shoe designs and how they can help you safeguard your designs.
- Copyright Application Process
- Is Registration of Copyright Compulsory?
- Replying to a Copyright Objection Application