Articles

COMMUNITY DESIGN

Registration protects the design (model or drawing) in the territory of the European Union. Applications have to be filed at the OHIM.

 

Requirements for Community designs and models to be registrable:

 

  • Novelty.
  • Individual character.
  • Shall not be contrary to public order and morality.
  • Shall contain no signs, emblems or coats of arms having a special public interest for the State.

 

It is important to know that:

 

  • Novelty must be absolute: divulgation by third parties of the design before the filing date of the application or before the priority date could make the design void.
  • The divulgation of the design by the author does not jeopardize its possibility to be registrable if the application for registration is filed within the 12 months following the date of such a divulgation.
  • The registrability of a design is not prejudiced by disclosures that have not been reasonably available to specialised and interested circles within the Italian territory.
  • It is possible to file a multiple design, that is a group of models and designs falling within the same product class of the International Classification of Locarno for Industrial Designs.
  • There is no need for a substantial examination of the application; however, any third party may file a reasoned request for annulment of the design at the Office.
  • The application is published in the Community Design Bulletin.
  • No opposition procedure exists.

 

The applicant of a Community design or model:

 

  • Any natural or legal person

 

Priority:

 

  • It is possible to claim the priority of a first design application filed in a member state of the Paris Convention or of WTO, within 6 months from that first application’s date.

 

Duration and renewal of a Community design or model:

 

  • The total duration is 25 years from the filing date.
  • Maintenance fees consist of 4 five-year payments following the first 5 years from the filing date.