Industrial Design Registration

Design Registration

Diseños - Designs

Industrial Design Registration

Register an Industrial Design

Industrial Designs and Models protect the visual appearance, ornamental or aesthetic aspect of a product, i.e. its shape, contours or colour rather than its functional novelty. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or a combination of colours. A design must be novel having in mind that no other identical design has been made available to the public beforehand. Two designs are deemed to be identical where they only differ in irrelevant aspects. A design must also have individual character that is when the overall impression produced on the informed user differs from the overall impression produced by any design that has been disclosed to the public beforehand.

We should mention the definitions in article 3 of the Community Design Regulation of:

(a) “design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation;

(b) “product” means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs;

(c) “complex product” means a product which is composed of multiple components which can be replaced permitting disassembly and re-assembly of the product.

Why Protect a Design?

An industrial design registration confers a solid exclusive right for the attractive and appealing aspects or shape of successful products in the market; adding commercial value to the protected product.

How Abecsa Can Help You

See more [+]

Contact Us

Via our contact form if you need advice on any design issues such as:

  • Registering your design in Spain, Europe or in multiple countries.
  • Opposing a registered Spanish or European Community design by others.
  • Defending your challenged Spanish, Community design or International design designating Spain or the EU, from an appeal, invalidity or cancellation action.
  • Taking legal action against another person or company who is infringing your design right in Spain or in Europe.
  • Renewing your design for another five-year-period.
  • Licensing the use of your design or selling your portfolio ensuring the recordal of assignment of some or all the designs to the buyer.

 

Confidentiality

If this is the first filing of your design, it is convenient that you do not disclose the aesthetic characteristics until you have applied for design protection, this may mean that, for certain cases, you might not be able to protect it, or your design may be declared invalid by anyone who proves this preceding disclosure (lack of novelty). However, you can safely discuss it with us, because as registered patent attorneys and lawyers, any information you disclose to us is legally privileged and confidential, using it strictly for the purpose or needed service we are instructed to handle in your name.