Styling and design have an increasingly important role during the creation process. It is clear that the design of a product can have its own place on the market (or with packaging on the shelf). This is not only the case for 3-dimensional objects such as a car, toilet bowls and coffee packs but it also applies to two-dimensional designs such as logos, design sticker sheets, wallpapers or diagrams.
With a design registration, the visual characteristics of products / packaging etc. are protected. Many companies rely on copyright (which occurs naturally and automatically) to provide sufficient coverage. In a conflict, however, the other party will contest the existence of copyright. A design registration is therefore a perfect alternative to proof the existence of certain rights. In case of a conflict the court will assume the legal validity of a design registration. This also has a greater deterring effect on possible copy cats (at relatively low cost).
Not every design may be registered. Legally, it is necessary that the design is new and has an individual character. In many countries complete novelty is necessary. Simply put, the new product / new design may not have been shown anywhere in the world. So register your design first before the design is displayed. In Europe (and a few other countries), it is possible, even after the first disclosure to file an application. In most countries, within one year after the first publication / disclosure the design should be registered. The duration of design protection in the UK (and Europe) is 5 years and can often be extended to end 25 years. To check whether a product is new, most designers do advance searches online. A design search provides additional information on similar designs registered elsewhere.
The individual character of a design is another aspect, and can best be described as the designer adding something unique / creative to the product. Through this unique element the new product takes its own place between all existing products. It does not apply to the functional aspects (how the shape of a product may be useful useful), but especially to the unique aesthetic aspects which give the product its own face.
At Christmas 2020, M&S introduced a new line of gin bottles. When shaken, edible gold flakes fall like snow. The bottle has an LED at the bottom to enhance the
Mansory Design sells tuning kits. These allow the appearance of an “ordinary” Ferrari 488 GTB to be transformed into a particularly expensive Ferrari FXX-K model. The distinctive features of this
Often companies claim trademark protection abroad through the International Registration (the so called Madrid Treaty & protocol). There is a similar route for design protection, through the International design registration
Many companies use the Madrid treaty‘s system to expand their trademark protection internationally. However, there is a similar system to claim product designs. Note that design protection is only possible
Last year, the EU Court passed an important ruling on the relationship between design law and copyright. It was indicated that copyright does not always provide the same protection as
Design rights are the perfect tool to claim protection of shapes. However, this right has its limitations. Lose parts of an object cannot be protected through design rights. The philosophy
In 2011 Basil Denton unveils the new rotan bicycle basket, with leather strips. Less than a year later the competition introduces a basket that looks suspiciously alike, the Java New
Call us: 071-5763116 or send an e-mail to: info@abcor-ip.com
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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Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
