EUIPO reminds, in its last edition of Alicante news, about some important requirements for registration of EU industrial designs, non-compliance with which can lead to a detrimental effect on the design applications. They are:
1. Representation of the design – every design has to be represented in a way that it can be perceived correctly by the Office and third parties. The representation of the views must consist of a graphic or photographic reproduction, for one and the same design, and on a neutral background and in good quality. When the representation requires including external elements visible in the views but not intended to be protected, the representation should contain a clear graphical disclaimer. The design should be represented by at least one view and the maximum number of protected views is 7 per design. Additionally 3 unprotected and not published views may be submitted.
2. Product indication of the design – the Classes of products for which the design will be registered have to be identified correctly and precisely. Applicants can use DesignClass in that regard, which can help a lot.
3. Priority & missing documents – all documents for claiming priority over a design application have to be submitted on time to the Office. Other than that, the applicant can lose its priority date. The application must concern the same design to confer to the proprietor the right to claim for priority. When filing a Community design application, the owner can request its publication to be delayed for a period of up to 30 months. The design can, therefore, be kept confidential until the applicant is ready to disclose it. The request for deferment must be made on the initial application form; later requests (even on the same date) will not be accepted.
Source: Alicante news.
INTELLECTUAL PROPERTY PLANET 