This guide is based on UK law. It was last updated in September 2008.
Applications are filed at the Community Designs Office, known as OHIM (Office for Harmonisation in the Internal Market). A Community Design Registration covers all 25 member states of the European Union. The Community Design System runs parallel to the Design Legislation of each national EU member state.
A registered Community Design is a monopoly right for the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product or its ornamentation.
To be registrable a design must be new and have individual character. To be new, the design is required to differ from known designs by more than "immaterial details". To have individual character a design must create a different overall impression on an informed user. Although a design application can be filed up to one year after the design has been made public; it is preferable that a design application is filed as soon as the design is created.
A Community Design Registration can last up to 25 years (the Registration has to be renewed each five years within the 25 year period).
Member states of the European Union:
- Austria
- Belguim
- Bulgaria
- Czech Republic
- Cyprus
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- The Netherlands
- Poland
- Portugal
- Slovak Republic
- Slovenia
- Spain
- Sweden
- Republic of Ireland
- Romania
- United Kingdom
Information required to file application:
- Full name and address of applicant
- Country and state, if appropriate, of incorporation of the applicant
- Name and address of designer
- Good representation of the design including views
- Indication of the product to which the design is applied
- Details of application on which Convention Priority is to be claimed, if any.
Our services
Pinsent Masons LLP has a dedicated Trade Marks & Designs Team which consists of qualified Design Attorneys. We can file and prosecute design applications across the globe.
Learn more about our Trade Mark and Design Services or email us at trademarks@pinsentmasons.com or call us on 0113 244 5000.
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