A product’s appearance represents the design/the model that can be registered. In some jurisdictions (Romania, for example) if the „design” is 2D then it’s called a „design” and if it’s in 3D then it’s called a „model”.
EUIPO uses the legal term „design” (both for 2D and 3D representations).
Online services:
Apply for national design or model registration – OSIM
Apply for EU design or model registration – EUIPO
Apply for international design or model registration – WIPO
Our services
Preliminary search
The registration of a design / model is only allowed if the design / model is new and has individual character. No design can be registered if previously made public, subject to certain exception provided by law.
Therefore, in order to reduce the risk of potential litigation, we recommend conducting this search which involves checking the EUIPO, WIPO and national offices databases for the purpose of reasonably establishing the availability of the design / model at issue.
Filling for registration (OSIM / EUIPO / WIPO)
Prior to filing for registration, we recommend going through the preliminary search. If you have decided to register the design/model, we can assist you throughout the legal procedures.
Important! In order to be registered correctly, the design must be reproduced precisely, as the quality of the representation is crucial for its protection.
Monitoring
Once the design/model is registered, we follow the flow of applications in connection with the relevant products in order to identify any attempts by third-parties to infringe earlier rights and to report such potential infringements to our clients along with the plan for action.
Renewal / Maintaining the registration
In most jurisdictions and particularly within EUIPO area, the initial protection is for 5 years, subject to renewal for subsequent 5 years, 4 times, giving a maximum total of 25 years of protection.
Litigation for designs / models annulment
In the event of unlawful registrations (eg: the registered design is not new – it belongs to someone else) or in case of any legal disputes over a design/model, our team, Attorneys-at-Law and Intellectual Property Counselors, can provide legal assistance and representation before the State Office for Inventions and Trademarks (OSIM), the European Union Intellectual Property Office (EUIPO), the Romanian Courts and the General Court of the European Union and/or the Court of Justice of the European Union.
Acting against Counterfeiting
One eye is permanently on the online environment to detect possible counterfeiting. The other covers the offline.
We act for our clients by sending cease & desist letters or by compelling the offenders to immediately cease any act of encroachment and to sign commitments under severe penalties.
We provide legal assistance for our clients in customs procedures on industrial property protection to prevent and stop the placement on the market of counterfeit products.
If necessary we can manage the civil and criminal prosecution of illicit acts along with the claim for damages.
Good to know
A design/model cannot be protected without representing an actual product (Locarno Classification of products).
It can be registered as a design/model any industrial or handicraft item including packaging, graphic symbols and typefaces.
Click here to see the latest registered designs and models.
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