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The Registered Community Design Seminar on Trademarks and Designs Warsaw, 28. November 2006 Dr. Jörg Weberndörfer.

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Presentation on theme: "The Registered Community Design Seminar on Trademarks and Designs Warsaw, 28. November 2006 Dr. Jörg Weberndörfer."— Presentation transcript:


2 The Registered Community Design Seminar on Trademarks and Designs Warsaw, 28. November 2006 Dr. Jörg Weberndörfer

3 What is a design? design means the appearance of the whole or a part of a product resulting from the features of, in particular, the... linescolourstexture contours materials ornamentation shape WHAT IS A DESIGN?

4 TM TM = distinctive sign to identify products and services Design Design = appearance of a product, new and with individual character An applicant may protect the same item both as a TM and as a design Difference between a trade mark and a design

5 Trade marks registered by OHIM

6 The Community Design - a two tier protection system The Unregistered Community Design (UCD) automatic creation as from first disclosure The Registered Community Design (RCD) creation by registration at OHIM

7 Registered or Unregistered Community Design Unitary character (equal effect throughout the Community) Definitions (design, product, complex product) Protection requirements (novelty, individual character) Common elements (1)

8 Registered or Unregistered Community Design Exclusion of protection (non visible parts, technical functions, interconnections, against public policy or morality) Scope of protection Common elements (2)

9 Registered or Unregistered Community Design Birth of right –RCD application for registration –UCD making available to the public within the Community Term of protection –RCD 5 years renewable 4 times –UCD 3 years from disclosure Differences (1) Max. 25 years

10 Registered or Unregistered Community Design RCD - exclusive right to use and prevent: making, offering, putting on the market, importing, exporting, using or stocking for such purposes, products incorporating the design UCD - right to prevent only if use results from copying Rights conferred: Differences (2)

11 A stronger right with a unitary character in the entire EU Easy, flexible and affordable filing and registration procedure (one filing language, one application, one fee system, no upper limit to designs in one application) Long term of protection (up to 25 years) Grace period of 12 months. The advantages of the registered Community design

12 Mainly formalities elements provided in application priorities whether professional representation is required + 2 grounds for non-registrability not a design application against public policy and morality Examination

13 ______________________ Procedure should be fast and user-friendly No examination on verification of protection requirements relative grounds whether the applicant is entitled Examination

14 Community Design Workflow Mail Room Mail Dispatch Examination Registration PublicationDeferment

15 Languages The filing of the application may be made in any of the official languages of the Community (20) The applicant must indicate a second (different) language which must be a language of the Office, that is Spanish (ES), German (DE), English (EN), French (FR) and Italian (IT)

16 Any natural or legal person without any restrictions as to nationality or state of incorporation Filing procedures - who can file Who has the right The designer or his successor in title Joint ownership Designs developed by employees

17 Electronically by fax - not advised for designs by post or courier by hand - either in Alicante or via National IP Office Where and how to file

18 Registration fee first design 230 from 2nd to 10th design115 from 11th onwards 50 Publication fee first design 120 from 2nd to 10th design 60 from 11th onwards 30

19 Deferment fee first design 40 from 2nd to 10th design20 from 11th onwards10 Renewal fee first renewal 90 second renewal120 third renewal150 fourth renewal180

20 The Community Designs Bulletin –Periodic editions –Only electronic –Contains registrations and entries in the Register Publications Data base of registered Community Designs: RCD-ONLINE

21 To be requested when application is filed Maximum 30 months as from filing or priority date Deferment may be interrupted at any time Possibility of filing a specimen if two dimensional design Except for very limited information, the designs remain secret until holder decides to publish Deferred publication

22 The Office accepts Dotted lines 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 CD 30606-0005

23 The Office accepts Boundaries to be used to surround features of the design for which protection is sought CD 164611-0004

24 The Office accepts Colouring to be used on a black and white drawing to highlight the features of the design for which protection is sought only CD 229752

25 CD 51560 Designs drawn by hand are acceptable

26 Views must relate to the same design The maximum 7 views must always relate to the same design, otherwise it must be split into a multiple application or into two separate applications However, it is acceptable that one view shows the design as a whole and the other views show specific portions of it

27 Not acceptable as one design (2 different tables) CD 281118-0003

28 One product (a toy), accepted as one design CD 293006-0002

29 Views relate to the same design CD 238092-0001

30 Complex products A product consisting of multiple components which can be replaced permitting disassembly and re-assembly The Office requires that at least one of the maximum 7 views shows the product in its assembled form if it is not clear whether the application is a single or multiple application However, such a view is requested for only if it could be easily produced by the applicant

31 The Office accepts CD 225503

32 Set of articles The Office accepts a set of articles as one design, provided the articles have features in common which closely link the articles in such a way that it is clear that protection is sought for a design resulting from the combination of the articles In addition, the articles should ordinarily be on sale or intended to be used together For a set of articles at least one view must show the set of articles together

33 The Office accepts CD 63664 CD 88562CD 187018

34 Specimens Only two-dimensional designs and deferred publication 5 copies Pasted on A4 paper Sent in single mail with application Dimensions –A4 not folded –50 grams –3 mm thickness Not perishable or dangerous

35 Features –no upper limit for number of designs –saves costs for applicant –each design included will have its own independent life (deferred or not, invalidity, surrender, renewal, etc …) BUT must be in same class of Locarno Multiple applications

36 Example of a multiple application (class 06)

37 Two ways to invalidate a registered CD 1)Application to the OHIM 2)Counterclaim in infringement proceeding before a Community design Court Invalidity

38 Grounds for Invalidity - not a design - does not fulfil requirements of novelty, individual character, offends public policy or morality etc. - holder not entitled - anticipated by prior design - interfering earlier rights - improper use of certain emblems etc.

39 Registered Community Design Statistics General Statistics

40 Accumulated RCDs

41 Accumulated RCD Publications

42 Top Ten RCD Filing Countries

43 Top Ten RCD Owners

44 Top Ten RCD Representatives

45 Registered Community Design Statistics RCD Statistics for POLAND

46 RCDs Filed from Poland

47 Polish RCDs Published

48 Top Ten Polish RCD Filers

49 Top Ten Polish Representatives


51 ALICANTE-News OAMI-Newsletter has been substituted by Alicante News and is available online

52 General Information: (+ 34) 965 139 100 (+ 34) 965 131 344 Office for Harmonization in the Internal Market (Trade Marks and Designs) Avenida de Europa, 4 E-03008 Alicante SPAIN

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