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10 th Liaison Meeting on Designs DISCLAIMERS Dimitrios Andrianopoulos Designs Service, OHIM Alicante, 21 November 2011.

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Presentation on theme: "10 th Liaison Meeting on Designs DISCLAIMERS Dimitrios Andrianopoulos Designs Service, OHIM Alicante, 21 November 2011."— Presentation transcript:

1 10 th Liaison Meeting on Designs DISCLAIMERS Dimitrios Andrianopoulos Designs Service, OHIM Alicante, 21 November 2011

2 Examination Guidelines 11.4 The representation of a design should be limited to the features for which protection is sought. However, the representations may comprise other elements that help identify the features of a design for which protection is sought. In an application for registration of a Community design the following identifiers are allowed: 1. Dotted lines may be used in a view either to indicate the elements for which no protection is sought or to indicate portions of the design which are not visible in that particular view, i.e. non- visible lines. Therefore, dotted lines identify elements which are not part of the view in which they are used. 2. Boundaries may be used to surround features of the design for which protection is sought. 3. Colouring, colour shading or blurring may be used to highlight the features of the design for which protection is sought.

3 RCD RCD Dotted lines

4 RCD RCD Dotted lines

5 RCD RCD Not a disclaimer RCD

6 Boundaries RCD RCD RCD RCD

7 The boundary is an explanatory element that must be removed according to Art. 4(1)(c) CDIR Not a disclaimer RCD INDP: mugs

8 RCD RCD RCD Colouring/Colour shading

9 RCD Colouring/Colour shading

10 RCD /0002 INDP: Pockets and ornamentation for pockets Not a disclaimer

11 RCD Blurring

12 RCD RCD RCD Blurring

13 RCD Blurring

14 RCD INDP: Bottle holder

15 RCD

16 RCD INDP: portion of a table top

17

18 Decisions of the Board of Appeal Gordon Humphreys Board of Appeal, OHIM

19 Board of Appeal Contested RCD Prior Design DECISION OF 24 JANUARY 2011 – R 91/ – BATH TUBS

20 Board of Appeal – Part of a sanitary napkin D468, 426: D468, 425: Registered Community Design US patent designs

21 Information: (+ 34) (switchboard) (+ 34) (e-business technical incidents) (+ 34) (main fax) twitter/oamitweets youtube/oamitubes

22 THANK YOU.


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