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Electrode product or part?

Electrode product or part?

The design of a product can be protected as a design if it is novel and has individual character. Some products are composed of many different parts. This is known as a composite. With composites there is an additional rule, namely that this part must be visible in normal use. But what exactly is a component part of a complex product?

 

The European General Court provides clarification in a case concerning the use of Hypertherm electrodes in welding torches. The following aspects are of importance. The component has to be a consumable that must be replaced frequently and it can be replaced quickly and easily by the end user without taking the whole device apart. If this is the case, it seems more like a separate design than a component of a composite model.

If the item and the part are both for sale separately (if it is missing, the buyer will not immediately think the device is broken). Also important: if the part is interchangeable with other products/electrodes, this interchangeability is also a good indication that it is not a part of a composite product, but its own product for which design protection can be claimed.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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