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Protected design

DesignRegistration

A protected design, also known as a registered design, is an industrial property right for the protection of the appearance of a product, for example for an industrial design. Design protection can be obtained by registering a design or, in certain cases, even by commencing use. A registered design is an unexamined IP right with a maximum term of 25 years. Design protection can be obtained for industrial designs or models by registration in the designs register, provided that these are new and distinctive products. These products must be based on a creative activity, be new and have their unique character. Typical examples of design protection are, for example, the protection of fabric patterns or other flat patterns as well as the three-dimensional design of objects, such as dinner sets, cutlery, furniture, lamps or other industrial design objects. Typographic fonts can also be protected as a design.

A design can be registered nationally at the German Patent and Trade Mark Office with effect in Germany or as an EU design with protection throughout the entire European Union. It is also possible to obtain international design protection for some states through an international design registration.

A special feature is the unregistered design protection under EU law, which arises if a new and unique design is made available to the public within the EU for the first time. This unregistered design protection is limited to three years.