Designs

Industrial designs protect the outer appearance of a product. This may be surface patterns as for example toilet paper with color motifs or embossing patterns, but also standing luminaires, furniture of each kind etc. Not protectable via a design are the features of a product which are not visible from the outside, such as for example product ideas describing a certain way of functioning like to open a napkin secondary packaging. Such ideas can be protected via process patents.

We take great care in the filing of designs for registration, be it with the German Patent and Trademark Office, be it with the European Union Intellectual Property Office in Alicante, Spain, which is the Office in charge of registering designs in Europe, or in other countries worldwide.

This is very important, as the outer appearance being defined at the stage of the design application, will finally be the protected issue, and this will be assessed by the judge in case of an infringement suit. In many cases, insufficient and imprecise figures or photographs being the basis of a registered design, are causing the problems which later impede the enforcement of rights against possible infringers.

To be protectable, a design must be new and singular. In order to see, whether the design in question fulfils these criteria, it has to be compared with existing designs, the so-called known designs. For this purpose we conduct searches for registered designs in order to check whether there is sufficient distinction between the design in question and the known designs.

For our clients we defend industrial designs against third parties' offences due to alleged lack of protectability, and we conduct cease-and-desist as well as infringement proceedings against infringers. In many cases claims regarding supplementary performance protection may even be raised, which may emerge from unfair competition.

In case you are charged by a third person for (alleged) infringement of a design which is utilized by you, we will advise you regarding possible strategies of defense. We can either completely reject the claims of the third party, or we can show you possibilities, how to minimize the damages for your enterprise by finding appropriate solutions.

We are looking forward to serving you.

Please contact us by phone at no. +49 221 37 987 900