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The Registered Community Design Seminar on Trademarks and Designs Warsaw, 28. November 2006 PowerPoint Presentation
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The Registered Community Design Seminar on Trademarks and Designs Warsaw, 28. November 2006

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

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

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

  2. What is a design? 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 ... lines colours shape texture contours materials ornamentation

  3. Difference betweena trade mark and a design TM= distinctive sign to identify products and services 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

  4. Trade marks registered by OHIM

  5. 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

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

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

  8. Registered or Unregistered Community Design Differences (1) • 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 Max. 25 years

  9. Registered or Unregistered Community Design Differences (2) Rights conferred: • 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

  10. The advantages of the registered Community design • 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.

  11. Examination 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

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

  13. 3 MONTHS Community Design Workflow Mail Room Mail Dispatch Examination Registration Publication Deferment

  14. 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)

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

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

  17. Registration fee • first design 230 € • from 2nd to 10th design 115 € • from 11th onwards 50 € Publication fee • first design 120 € • from 2nd to 10th design 60 € • from 11th onwards 30 €

  18. Deferment fee • first design 40 € • from 2nd to 10th design 20 € • from 11th onwards 10 € Renewal fee • first renewal 90 € • second renewal 120 € • third renewal 150 € • fourth renewal 180 €

  19. Publications • The “Community Designs Bulletin” • Periodic editions • Only electronic • Contains registrations and entries in the Register • Data base of registered Community Designs: RCD-ONLINE

  20. Deferred publication • 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

  21. 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

  22. The Office accepts • Boundaries to be used to surround features of the design for which protection is sought

  23. 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

  24. Designs drawn by hand are acceptable CD 51560

  25. 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

  26. Not acceptable as one design (2 different tables)

  27. One product (a toy), accepted as one design

  28. Views relate to the same design

  29. 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

  30. The Office accepts

  31. 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

  32. The Office accepts

  33. 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

  34. Multiple applications 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

  35. Example of a multiple application (class 06)

  36. Invalidity Two ways to invalidate a registered CD • Application to the OHIM • Counterclaim in infringement proceeding before a Community design Court

  37. 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.

  38. Registered Community Design Statistics General Statistics

  39. Accumulated RCDs

  40. Accumulated RCD Publications

  41. Top Ten RCD Filing Countries

  42. Top Ten RCD Owners

  43. Top Ten RCD Representatives

  44. Registered Community Design Statistics RCD Statistics for POLAND

  45. RCDs Filed from Poland

  46. Polish RCDs Published

  47. Top Ten Polish RCD Filers

  48. Top Ten Polish Representatives

  49. WEB-PAGE: OAMI - ONLINE

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