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