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Bottom of bicycle saddle visible

normal use design bottom of bicycle saddle visible

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 an additional requirement. The design must be visible during normal use. But what exactly is normal use? The Court answers this using a special pattern of the bottom of a bicycle saddle.

A bicycle is a composite product. A saddle is part of a bicycle, because a bicycle cannot be used without one. When assessing normal use, is it about what you see when you use the product (i.e. when you are cycling)? In that case, the design of the bottom of a saddle cannot be a valid design. After all, as a cyclist, you cannot see the bottom of your saddle while cycling. Or should you explain normal use more broadly?

The European Court chooses the latter way. Normal use includes not only the purpose of the product (cycling), but also other uses (apart from maintenance and repair). After all, you store a bicycle in a bicycle rack or lift it to transport it. It falls under normal use when the bottom of a saddle shows. An important ruling for companies to protect the design of parts as a design and for companies offering alternatives to distance themselves from the original design.

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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• 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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