Details Design Registration Germany
||Protection Period (years)
||max period of protection maximum (years)
||Power of Attorney must be legalised/apostilled/notarized
||legal advice by phone or email
||Price includes trademark office fees
Here you can mandate us to obtain design protection in Germany. We will prepare and file your design application and inform you about the progress of proceeding. Our offer includes the fees of the office for the application, publication and registration of your design.
A registered design right in Germany will be established through a registration which will last around 2-3 months.
The maximum term of protection is 25 years provided the registration is renewed 4 times for periods of 5 years each.
The first term of protection will be five years calculated from the date of filing. In certain cases the protection starts 6 months before the actual application date in Germany, f.e. if an application for an industrial design (patent) was filed in a foreign country not longer than 6 months before the application in Germany and the priority of this foreign application is claimed in the German application).
The registered design in Germany is an unexamined industrial property right. The office nor we will examine the novelty and individual characteristic of your design. Novelty and the individual characteristic of the design will statutorily be presumed because of the registration. These provisions will optimise your legal possition: every third person contesting the registered industrial design has the burden of proof that the design had not been known to the public before the priority date.
Opposition cannot be filed by a third party in Germany during registration process.
After registration everybody has the right to start an action for annulment in case he may give proof of lack of novelty and lack of individuality of the registered design.
In Germany multiple design application are are possible if the multiple designs belong into the identic Locarno class. Such a multiple aplication will effect the reduction of the office fees. One design may be shown by several different views.
For the registration of a design in Germany you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- up to 7 images or drwings showing only your product in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom,top, left, right view etc.);
- contact details of the client;
- contact details of the owner of the industrial design right;
- name of the natural person(s) who created the design;
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services:
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate(if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Usually the drawings and images of the design are to be produced by the client. But we also may prepare (new) drawings or align the drawings in order to meet the formal filing requirements. If you follow our advice we do not anticipate any office actions. Nevertheless it is possible that the patent office will not accept your views or drawings and issue an office action. In this case the response to the office action will cause more efforts. You will be informed about the office action and you will be enabled to mandate us to represent you in this new proceeding. Insofar we may need the assistance of a professional drawer to conform your drawings to the demands of the office. Fees charged insofar by a professional drawer are not included in our offer.
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