Articles and information about design patent rights, requirements to register a design, novelty and individual character. Legal limitations and also the functional aspects of the shape and design compated to industrial patent rights.
When launching new products, there’s often a tug-of-war between marketing and legal. The business side wants to launch ASAP to capitalize on the the new innovation, while legal wants everything
In 2017, Basil launched a new plastic dog bike basket (the BUDDY). The old baskets were unhygienic, not weatherproof, and pretty heavy. Since the Buddy’s design was novel and had
After our silver mention in the WTR1000 (World Trademark Review 2025), Abcor has once again made it into the IP STARS ranking this year. Managing IP conducts annual research among
Lego produces toys for all ages. The LEGO Botanical Collection, a modular building system for creating flowers, is specifically aimed at adults. Not only is the LEGO brand registered for
This year, the European Union is introducing new design legislation to better align design rights with current and future needs. What are the key changes?
In 2019, Rituals Cosmetics launched a new line of reed diffusers. To protect its distinctive shape, the company immediately applied for an EU design registration.
Protecting your trademark, but with lower costs? This is possible with the SME voucher, while supplies last. With this European subsidy you can save up to € 1,000 on the
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
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
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
To qualify for design protection, a product must meet two requirements: it must be novel and have individual character. If the design is part of a composite product, there is
Christmas is the time of the year when we celebrate appreciation and love we have for each other. It is the beautiful spirit of Christmas that makes the holidays so
Mattel has been a producer of the Barbie fashion doll for over 60 years. When Jieyang Defa Industry applies for design protection in the European Union for a comparable doll’s
Mansory Design sells tuning kits with which the appearance of a ‘normal’ Ferrari 488 GTB can be transformed to look like a FXX-K, a rare race car of which only
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
The Baby Bullet is a blender specifically for making baby food. The blender comes with little storage jars and a booklet containing recipes. A happy face is depicted on the
The Spanish company Casa Vigar designs all sorts of household products, including dish brushes. This brush was protected with a Community Design Registration (requirements: novelty and individual character). Characteristic features
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
Two requirements have to be met to claim design protection of a product through a registered design. The design must be new and have its individual character. A product has
Petsbelle designs, produces and markets scratching posts. In order to protect the design of its products, the company applies for European design protection. There are two important requirements for a
Many companies register the design of new products in the EU with a Community Design. This allows counterfeiting to be tackled easily and the company maintains a monopoly on this
The outer appearance of a product can be claimed with a registered design. There are two requirements for this. The design must be novel and have an individual character. The
Until a few years ago design law was of minor importance in the Benelux. Those days are over now. Over the last few years multiple decisions have been issued based
It is a common thought among entrepreneurs that IP rights have no value in China. Nowadays, this (mis-) conception is completely outdated. In 2015 Chinese companies filed more than a
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 order to register a product as a design, a number of images should be filed, which basically explain what the design actually looks like. Not a great deal of
In 2014, Marijn Oomen launches the inflatable life size lounge seat, the LAMZAC Hangout. One simply swings the lightweight bag and it fills itself with air and creates a life
Eichholtz sells furniture in all of Europe. At a exhibition in Paris it shows its new tables. The tables are made of glass in a frame with eight corners (colours
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
Designs are often filed with the use of drawings, however, if texture or material is essential to the design, it is sometimes better to use photos. Happy Cocooning sells table
Christina Arvin Hembo is a jewelerry designer from Denmark. Her jewellery is composed of expensive material such as gold, silver and precious stones, which can be attached to leather bracelets.
Loes Vrij is a new Dutch designed who became famous over night with her innovative designs for
The world of tea bags is a unique and large market. The form of the pyramid shaped tea bag was therefore registered in 2007 as a shape mark. Tea Forté
Doll houses for children have been around for many years. However, new variations are constantly coming onto the market. In 2005 Henkes introduced a new doll house named
The European Court of First Instance has given its first judgment on the scope of protection offered by a Community Design. It appears that this scope is larger than most
In designing the SENSEO Philips realized a unique concept for the shape of a coffee machine. In order to protect this shape, Philips has registered various designs.
In both France as well as the Netherlands there is an ongoing legal battle regarding the shape of a honey jar. In this case it becomes very apparent that registering
In order to protect the shape of her new ear phones BOSE registered the ear phones as a European Design. The product turned out to become a great success. The
Lions and the color orange are symbols which a majority of people associate with Dutch athletes. Elements that can be freely used by anyone.
One of the most successful promotions
SEB and Philips Electronics were at discord regarding the production and sale of kitchen machines and food processors.
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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
