Registered Community Design - Online Filing - from 640 EUR

Registered Community Design

Registered Community Design (RCD) covers all 28 member states of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom).


A “design” means the appearance of the whole or a part of a product resulting from the features, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.

 

Peculiarities of Community Design registration procedure

unified proceedings

One application is filed to the European Union Intellectual Property Office (EUIPO) in Alicante (Spain). In case of successful design registration it is valid in all 27 countries.

no requirement for design unity

One application can contain any number of designs and they shall relate to one and the same class of International Classification for Industrial Designs (Locarno Classification). Registration certificate is issued for each design.

- scope of protection is defined by the representation of the design

The scope of legal protection of the design is defined by the complex of the representations filed. Specification is not obligatory for the design. If the application is filed with specification, the latter has no legal importance anyway. Therefore, it is better to file the application without any specification. There is one limitation – the rights to the design do not relate to the features of the outward appearance, which are conditioned only by technical function of the article.

filing of the application within 12 months since disclosure of the design

If the designer itself or its legal successor has disclosed the design, the design application can be filed within 12 months.

formal examination

The system of the design registration does not have any examination on correspondence with novelty and individual character criteria. Therefore, obtaining the registration upon observing formal requirements in respect of the application is almost ensured.

registration is valid, unless objected (i.e. registration presumption)

Interested third parties can object to the Community Design. If no such third parties are present, registration of design (even not meeting the criteria) will be valid.

 

Additional advantages

registration within 5-10 days.

Registration of Community Design takes several days. Registration certificate is available in electronic form; it is not issued in paper. RCD allows for combating infringers immediately, for example, to seizure pirated goods at the customs border of the EU.

registration of RCD per country is cheap

Official fee for filing the application and registration of one design is 350 EUR. Additional designs in the frames of one application provide for the lower official fee.

payment of maintenance fee once every five years.

RCD is valid for 5 years since filing date and can be renewed four times for another 5 years. The maximum period of the design’s validity is 25 years.

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