How to register a design

In a personal consultation, by email or telephone, we will explain to you the possibilities of filing a design with a comprehensive scope of protection. The basis of a design application is what you, as our client, understand design protection law to be, so that you can take advantage of the benefits of a design application.

Costs of a design application

Even though each design application is an individual case, we can transparently present the costs to be expected during the first meeting or even in advance, so that you can make an informed decision as to whether you want to entrust the management of your design to our specialist attorneys. 

Representation of the product in the design application and scope of protection

The scope of protection of the registered design is determined by the illustrations that are filed with the design application. Here, case law has created various possibilities to register a product as a design also in an abstracted form or to focus on selected aspects of the product when registering and in this way to concentrate the scope of protection on these selected aspects. The challenge lies in the most skillful presentation of the product and the decision to register several separate designs, if necessary, since the scope of protection is determined accordingly.

Selection of the territorial scope - DPMA (German Patent and Trademark Office), EUIPO (European Office), WIPO or other countries

The territorial scope of protection of a design depends on the country in which the registration was made. Registering your design as a German design with the DPMA or as a Community design with the EUIPO are the two most common alternatives. While in the case of the German design, design protection is limited to the territory of the Federal Republic of Germany, the protective effect of the Community design extends to all member states of the EU.

However, we also protect your designs in all other countries such as the USA, China, Austria or Switzerland.

How long does the registration process take?

It is important that the so-called seniority of your design is secured by filing the application. With the registration, the application then becomes a full right. How quickly this happens depends on the capacity of the trademark office. If everything runs smoothly, the application sometimes only takes about a month. The European Union Intellectual Property Office (EUIPO) is usually somewhat faster than the German Patent and Trademark Office (DPMA).

 

Liesegang & Partner mbB, Rechtsanwälte