An Industrial Design protects the appearance of a product: its shape, patterns and colours.
In particular it protects the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation.
The Registration of a Design confers on its owner the exclusive right to use it and to prohibit its use by third parties without his consent. This prohibition extends to manufacturing, offering, marketing, importing, exporting, storing or use of any product incorporating this design.
In order to be registered and to enjoy legal protection, the Design must be new and have individual character with respect to other existing designs or models.
DID YOU KNOW THAT…
an INDUSTRIAL DESIGN can be BIDIMENSIONAL (combination of motifs, lines and/or colours such as a fabric or wallpaper design…) but it can also be TRIDIMENSIONAL (a piece of furniture, a lattice, a tool, a structure, etc…)?
an INDUSTRIAL DESIGN can be BIDIMENSIONAL (combination of motifs, lines and/or colours such as a fabric or wallpaper design…) but it can also be TRIDIMENSIONAL (a piece of furniture, a lattice, a tool, a structure, etc…)?
WHY ARE INDUSTRIAL DESIGNS PROTECTED?
Industrial designs make a product attractive and striking. Therefore, they increase the commercial value of the product as well as its sales possibilities.
Industrial designs are applied to a wide variety of products from industry and crafts, among which we can list:
- Fashion items or jewelry
- Exhibitors
- Architectural Structures
- Furniture and accessories
- Packaging
- Website design
- Graphical interfaces
- Icons displayed on computers or mobile phones, point of sale design, including the “look and feel” of specific store layouts
- Household appliances and electrical appliances
- Vehicles
- Textile designs
- Complex product components
DID YOU KNOW THAT…
if a product is part of another more complex one, such as a car dash board the design of this part could be protected if it meets certain conditions?
if a product is part of another more complex one, such as a car dash board the design of this part could be protected if it meets certain conditions?
HOW ARE INDUSTRIAL DESIGNS PROTECTED?
In most countries, a design must be registered in order to be protected by the corresponding legislation. Your particular design’s commercialization project will allow as to advise you about registration:
National protection with Spanish design registration before the Spanish Patent and Trademark Office (OEPM)
European Union protection before the European Union Intellectual Property Office (EUIPO) as an European Union Design.
Wider international protection and non-European countries, through the national register (country by country) or using the International Hague Agreement System which allows registration in several countries (90 countries as of December 2019) with the World Intellectual Property Organization (WIPO).
The duration of industrial design protection varies from country to country. In Spain and the European Union, they have a duration of 5 years renewable every 5 years up to a maximum of 25 years.
DID YOU KNOW THAT…
In Europe you must register your DESIGN during the TWELVE months following its first disclosure to avoid lack of novelty?
In Europe you must register your DESIGN during the TWELVE months following its first disclosure to avoid lack of novelty?
SERVICES
Novelty and Individual Character Investigations
Reports in case of possible infringements
Design Registration in Spain
Design Registration in the European Union
International Design Registration through the Hague system
Design registration in other countries
Design monitoring service
Oppositions and appeals
Record keeping service
Control and payment of renewal fees