The current globalization of the markets has created the need to provide protection to new creations internationally. The Community Registered Designs are an excellent option due to its fast registration and low cost. These rights are regulated by the Office for Harmonisation in the Internal Market (OHIM).
A registered design gives the owner an exclusive right to use it and to forbid its use by third persons without its consent, on the appearance of the totality or a part of a product, which must result from the features of, especially, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation. The designs may be two or three dimensional.
The application for registration of a Community Design concerns all 28 Member States of the European Union: Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, United Kingdom, Czech Republic, Romania and Sweden.
Registration of a Community Design: the process
The process for a Community Design is very fast, as it is published and granted in a matter of a few days from its application. The process does not include a period for oppositions for third parties after the publication in the Journal of Community Models and Designs, searchable on-line on the OHIM website. However, starting from the date of publication of the registration remains open the possibility to bring a cancellation action filed by third parties, through an administrative procedure and unlimited in time.
The application has 6 months within the international priority to extend its protection to other countries while preserving novelty and application date.
Registered Community Designs have a 25 years validity term, renewable every 5 years.
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