We competently support you in the registration of designs/designs and the representation of your interests in invalidity and cancellation proceedings in design matters.
The aesthetic form of design
The object of the design, i.e. the aesthetic form of design for which protection is sought, must be new and have an individual character, i.e. a difference in the overall impression. Excluded from design law are, for example, appearance features of products that are exclusively determined by their technical function, because these are reserved for patent and utility model law.
The applicant of a design enjoys a grace period. It begins 12 months prior to the filing date and applies to disclosures within this period that can be traced back to the designer or his legal successor. A design grants the registered owner a negative right of exclusion against third parties for a maximum of 25 years from the filing date.
The Community design law of the European Union, which is similar to the German design law, entered into force on March 6, 2002. In addition to a maximum of 25 years' protection for registered Community designs, the Community Design Regulation (GemGeschMVO) also provides three years' protection against copying for disclosed unregistered Community designs from the date of disclosure of the design. It is assumed that the relevant circles within Europe have taken note of the disclosure. The registration of a Community design gives it direct protection in each Member State.
The design of a company's product - including its trademark - can contribute significantly to the company's reputation and image. A design registration grants its owner the exclusive right to prevent third parties from manufacturing, offering, marketing, importing, exporting or using a product in which the design is incorporated or to which it is applied and which does not create a different overall impression. This means that a design registration can effectively prevent third parties from profiting from your investment in innovative design.