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Designs

Pencils of various colours on white desk

Today, the design of a product plays a considerable role in the buying decision. It provides impetus and sparks emotions. Since functional differences between products have become fewer and life cycles shorter, the visual appearance of a product is often the only perceivable distinctive feature to the customers. With attractive colours, patterns and shapes of products, companies can appeal to the emotions of customers and create customer loyalty.

On these pages, we present design protection to you, from search to registration. We provide you with an overview of the importance of design protection and the possibilities which it offers. Browse through our site to learn more about the requirements for protection for a registered design. Read why you should perform a search before filing an application. We also explain to you what you need for the application, how you can actually file an application and how the procedure is carried out by our office. And if you also think about seeking protection for your design abroad, we will show you what to do. Furthermore, we give you answers to frequently asked questions about designs.

From the world of design: Over 200 years old and constantly reinterpreted - the "two-wheeler"

buntes Fahrad mit Anhänger

It's that time of year again - we get our bikes out of the cellar and set off. You can find lots of bike-related things in the DPMAregister.

The cycle paths have been swept, the air is balmy - so let's get going with our beloved environmentally friendly mode of transport

The DPMAregister Design shows you many interesting designs relating to bicycles

Bicycle
Design-Number 40 2022 100 890-0004; Bicycles
Bicycle
Design-Number 40 2015 000 309-0001; Electric scooters; bicycles; bicycles with auxiliary motors
Pedal
Design-Number 40 2021 204 078-0001; Pedals for bicycles
Trailer
Design-Number 40 2023 201 145-0001; Bicycle trailers; transport containers for animals
Chain guard
Design-Number 40 2023 200 061-0001; Chain guards for bicycles; protection for gears on bicycles; protective covers for transportation devices
Bicycle bell
Design-Number 402019201012-0005; Bicycle bells
Bicycle bag
Design-Number 40 2023 202 238-0006; Bicycle bags
Bicycle
Design-Number 40 2021 100 781-0008 ;Bicycles

Design of the underside of a bicycle or motorbike saddle can be registered as a design

Unterseite eines Fahrradsattels

Last year, the European Court of Justice and the Federal Court of Justice also dealt with a registered design for a bicycle and motorbike accessory: In design invalidity proceedings, the courts had to examine whether the design of the underside of a bicycle or motorbike saddle could be eligible for protection. The invalidity applicant was of the opinion that the underside of the saddle was excluded from design protection pursuant to Section 4 DesignG, as it was not visible as a structural element of a bicycle or motorbike during its "intended use" - riding.

However, the courts interpreted the term "intended use" very broadly, so that actions upstream and downstream of the main purpose (e.g. storage or transport of the saddle) could also be covered. This broad understanding has created greater clarity regarding the protectability of components of complex products and significantly strengthened design protection for such products.

Sources: ECJ, judgement of 16 February 2023 - C-472/21, GRUR-RS 2023, GRURRS year 1834 and BlPMZ page 263 - Visibility of the underside of a saddle
BGH, decision of 15 June 2023 - I ZB 31/20, GRUR 2023, GRUR year 2023 page 1290 - Saddle underside II

Even more design worlds

Here you can find our previous themes.

Picture: iStock.com/XiXinXing, Bild 2: iStock.com/covard lion; weitere Bilder: DPMA aus DPMAregister, Eingetragenes Design Nr. 402011004383-0001

Last updated: 25 April 2024