What is a design, how to register it, and what protection does it offer?
A design – also known in Germany as a registered design (formerly “Geschmacksmuster”) – protects the external appearance of a product. This includes the shape, color, pattern, contours, surface structures, or a combination of these features. The decisive factor is that the design is new and has a so-called individual character, i.e., it differs from existing designs. The protection does not apply to technical functions, but exclusively to the external appearance of a product.
What does design protection offer?
A registered design grants the owner the exclusive right to use the protected design and to prohibit third parties from using it without consent – for example, by manufacturing, selling, or importing identical or very similar products. In the event of infringement, the owner can take civil action against imitators and demand cessation, damages, or destruction of the counterfeit products.
Where and how to register a design?
The application is made by submitting one or more illustrations of the design that clearly show the protected appearance. No technical descriptions are necessary. The application can be made:
- Nationally, for example, at the German Patent and Trademark Office (DPMA) for protection in Germany
- As a Community design at the European Union Intellectual Property Office (EUIPO) – with protection in all EU member states
- Internationally via the World Intellectual Property Organization (WIPO) – based on a basic design with extension to selected countries
Multiple designs can be submitted cost-effectively as a collective application, provided they belong to the same product class.
Duration of protection:
A design is initially protected for five years and can be extended to a maximum of 25 years – by paying the renewal fees on time every five years.
Conclusion:
Design protection is an effective means of protecting the creative design of products from imitation – whether furniture, fashion, packaging, or digital interfaces. It is fast, cost-effective, and an important component in the protection of intellectual property. Early registration and careful preparation, ideally with the support of Bobbert & Partner, ensure the greatest possible scope of protection and help to successfully enforce design rights in the event of a dispute.