Registered design protects a design that is new and unique.
§ 2 design law
Industrial design models are related to the physical shape, configuration, decoration and appearance of products such as furniture, patterns or the design of web sites (contrary to technical features as with patents or to the identification of the origin of a product as with trademarks).
An industrial design model application requires the applicant’s personal data and an illustration of the design model using photographs, line drawings or other forms of representation. The class of goods for which the design model is to be used may be provided in the application. – A series of design models can be combined to one multiple design model application if the design models are related to each other, such as the same pattern printed on various elements like cups, dishes etc..
An industrial design model is registered if it is novel and has a particular form that clearly differs from already existing forms. The design application enjoys a 12 months period preclusive of prejudice to novelty.
Provided all formal requirements are met the design model will be published usually within a couple of weeks after registration. However, it may be advantageous for the applicant to defer the publication, for example if more time is needed to develop and market the product. The maximum time of deferral is 12 months after application.
The registration of the design model must be renewed every 5 years to keep it protected.
A design model that is registered with the Deutschen Patent- und Markenamt is valid in the Federal Republic of Germany.
A design model that is registered with the European Office for Intellectual Property EUIPO in Alicante, Spain, is valid in those member states of the EU for which the application fees were paid.
A design model that is registered with the World Intellectual Property Office WIPO in Geneva, Switzerland, in accordance with the Hague Agreement (HMA) is valid in those member states for which the application fees were paid.
in cooperation without any liability under corporate law
• Berg & Partner lawyers notaries
• Dipl.-Chem. Dr. Herrguth Patent attorney