DESIGNS
A registered design is an industrial property right that was created specifically for the "aesthetic" design of a product. In principle, the design of any product can be protected. A design right grants its owner protection for the appearance of the design of a product for up to 25 years.
We provide comprehensive advice on the development and implementation of application strategies, expert opinions, and the cross-border enforcement of design rights.
Scope of application
The registered design is an industrial property right that was created specifically for the "taste", or better, the "aesthetic" design of a product. In principle, the design of all products can be protected.
Exclusions
No protection for characteristics which are exclusively dictated by their technical shape. The design of the products must appeal to the sense of shape and/or colour of the human eye.
Requirements
The design must be new and have individual character at the filing date. The overall impression of a design must be different from the overall impression produced by another design which has been disclosed before the filing date. A twelve-month grace period applies to the registered design. For the purposes of this provision, a design is still "new" if, for example, it is presented at a trade fair and then applied for by the entitled party within the twelve-month period.
Registration and examination
The design is registered at the German Patent and Trademark Office. The application must be accompanied by a representation of the object to be protected which is as vivid as possible. Ideally, the illustration should show all views of the design against a neutral background. A substantive examination is not carried out. If the application fulfils all formal requirements, registration is granted. A publication with the illustration of the design to be protected is made in the Design Register.
Maximum Term
25 years at the most.