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Legal Security by Property Rights

Industrial Design Models

Advice in all fields of industrial legal protection

Whereas trade marks concern the name or visible/audible sign under which goods are traded and services are offered, industrial design concerns the shape, appearance, and texture of goods. For registration of an industrial design it is required to be novel and unique.

In general, applications for registering industrial design models have to be filed in the country in which the design model protection is to enter into force. However, some supranational communities of states like the member states of the European Union or member states of the Hague System have agreed to allow design models to be applied for for all their member states in a combined procedure.

There is no substantive examination of the design model application (no comparison with earlier design models), only formalities are checked. An indication of product/classification for the model is mandatory. The applicant must be identifiable from the request. Filing fees have to be paid upon filing the request or shortly thereafter.

The copyright of the the designer is unaffected by the registration of a design model for the applicant.

If formal requirements are fulfilled the design model is registered and published, however publication of the model may be deferred on request, e.g. if the designer wishes to complement a first design version.

Validity of a design model expires after 5 years, renewal is possible four times once every five years, yielding a maximum life time of 25 years.