Protect your design online with the support of our specialist law firm.

You’ve created a great and innovative product, and now you want to safeguard its design from imitators.

Our specialized law firm is here to assist you. With over ten years of experience and hundreds of successful design applications for our clients, our team of highly skilled lawyers and specialists excels in design and trademark law.

Effective design protection doesn’t have to be expensive. Secure your design with the German Patent and Trademark Office (DPMA) for registered designs in Germany or the European Union Intellectual Property Office (EUIPO) for EU-wide protection.

What is Design Protection?

To understand design protection, it is essential to grasp the legal definition of “design.”

According to § 1 of the German Design Act (DesignG), a design is defined as:

“The two-dimensional or three-dimensional appearance of the whole or a part of a product, resulting in particular from the features of the lines, contours, colours, shape, surface texture, or materials of the product itself or its ornamentation.”

The European Regulation No. 6/2002 on Community Designs (CDR) provides a similar definition in Article 1.3.

However, features that arise exclusively from their technical function are not considered a design under the law (§ 3 DesignG, Art. 8 CDR).

Protecting Your Design

If your design meets the legal criteria, it can be protected.

  • In Germany, a design is protected as a “registered design” by the German Patent and Trademark Office (DPMA).
  • In the European Union, design protection is provided by the European Community Design through the European Union Intellectual Property Office (EUIPO).

Once protected, third parties are prohibited from using your design without your consent. This includes not only exact copies but also similar imitations. The degree of protection depends on the uniqueness and level of innovation of your design.

Formal Requirements for a Design Application

To secure design protection, your design must meet two key legal requirements under design law:

1. Novelty

According to Section 2 (2) of the German Design Act (DesignG):

A design is considered new “if no identical design has been disclosed before the filing date.”

  • Definition of identical designs: Designs are regarded as identical if they differ from the applied design only in insignificant features.
  • Grace period: A grace period benefits designers by allowing prior disclosures of their own design up to twelve months before the application date to be disregarded. This means you can still apply for protection even if you published the design within this timeframe.

2. Uniqueness (Individual Character)

Section 2 (2) DesignG also requires that:

A design must have individual character “if the overall impression it produces on the informed user differs from the overall impression produced by a previously disclosed design.”

  • Clear distinguishability: The new design must create a noticeably different overall impression compared to previously known designs.
  • Impact on protection scope: The more distinct the new design is from existing designs, the broader its scope of protection. Competitors will then be required to maintain a greater distance from your design, enhancing its legal protection.

Important Considerations for Design Applications

Unlike patents, utility models, or trademarks, registered designs (in Germany) and EU designs (Community designs) are considered unexamined intellectual property rights. This distinction has critical implications:

No Examination of Novelty and Individual Character

When you file a design application, the respective offices (e.g., DPMA or EUIPO) do not examine whether your design meets the requirements of novelty and individual character.

  • Automatic registration: Designs are registered as long as all formal requirements are fulfilled.
  • Potential conflicts: If a dispute arises later, such as a claim of infringement or invalidity, the design’s novelty and individual character may be challenged and closely scrutinized.

Best Practices for Applicants

To minimize risks and strengthen your position in case of future disputes:

  1. Document existing designs: Conduct a thorough review of the existing designs in your industry before filing your application. Proper documentation helps establish the novelty and uniqueness of your design.
  2. Maintain records of your design process: Keep detailed evidence of the creation and development of your design to demonstrate originality if questioned later.
  3. Consider a professional search: Engage a professional to perform a design search to ensure your application does not infringe upon or overlap with existing designs.

By proactively addressing these aspects, you can secure your rights while preparing for potential challenges in the future.

Submitting Images for a Design Application

When applying for design protection, the images you submit play a critical role in defining the scope of your design rights. Here’s what you need to know:

1. Number and Types of Views

You can submit up to seven different views to represent your design. These may include:

  • Top view
  • Front, side, and rear views
  • Sectional view
  • Perspective view
  • Exploded view (if applicable)

Key design elements can also be emphasized by submitting separate, highlighted images.

2. Image Quality Requirements

  • Neutral background: Ensure the design is clearly depicted against a plain, neutral background.
  • No foreign objects: The image must be free from unrelated items.
  • No annotations: Avoid including descriptions, size specifications, or color specifications in the images.
  • Color-neutral protection: If your design has multiple colors, submitting a black-and-white representation may be advantageous. This ensures protection of the outer form without restricting it to specific colors.

3. Importance of Image Preparation

The quality and preparation of submitted images are crucial for successfully filing a design application. To avoid issues:

  • Work with legal professionals to review your images before submission.
  • Ensure the images align with the DPMA or EUIPO requirements for clarity and accuracy.
Important:

Good design and effective protection go hand in hand. Contact our specialist attorneys to discuss how we can safeguard your design and support your business success.

 Design improves sales opportunities

“Design is a competitive advantage. Companies such as the US computer manufacturer Apple are regarded as icons of the movement. But it can also be done on a smaller scale: family businesses focus on design and use it to successfully boost the sales of their products. How companies score points with customers with good looks.” (Brand association study)

Examples of illustrations for a design application

Incorrect: no size specifications, colour specifications or other descriptions may be included in the illustration.

Correct: The design should be displayed on a neutral background. The design should be clearly distinguishable from the background.

Incorrect: No pedestal, fixture, etc. that is not part of the design. Even floors, wallpaper or other textures must not be visible. No shadows in the illustration.

Correct: different views belong in different pictures.

Incorrect: No combined views of the same object in different views. You can submit seven design images. Please feel free to use them.

Renderings of a design can be submitted either in black and white or in colour. It is not permitted to mix the colour types, for example by submitting three views in black and white and four in colour for one and the same design. So here are 2 designs.