1. What is a design?
The outward appearance of a product, or part
of it, that results from the lines, contours,
colours, shape, texture, materials and/or
its ornamentation.
2. What is a product?
A product can be any industrial or handicraft
item including packaging, graphic symbols
and typographic typefaces but excludes computer
programs. It also includes products that
are composed of multiple components, which
may be disassembled and reassembled.
3. Why a Community
design?
Community design protection is directly enforceable
in each Member State and it provides both
the option of an unregistered and a registered
Community design right for one area encompassing
all Member States. The Community design has
equal effect throughout the Community and
the forthcoming enlargement of the European
Union will mean that this area of protection
will increase greatly. The OHIM only deals
with applications for registered Community
designs, as an unregistered Community design
requires no filing.
4. Why protect your
designs?
The design or shape of a product can be synonymous
with the branding and image of a company
and can become an asset with a monetary value
that could increase. If you do not apply
for protection others may benefit from your
investment in design.
5. What is the scope
of protection of a registered Community
design?
Registered design right gives the owner an
exclusive right to use and prevent making,
offering, putting on the market, importing,
exporting, using or stocking for such purposes,
products incorporating the design, which
do not produce a different overall impression
for a period of up to 25 years.
6. What is the cost?
The official fees for the design registration are €350 for a period of 5 years (reneable in blocks of 5 years, up to a maximum of 25 years).