Practice Areas

Designs

Design protection can be obtained not only for 3D but also for 2D designs, including typographic characters. Product shapes and original packaging can also be protected as a 3D trademark in rare individual cases; however, protection as a registered German, European and/or international design is easier, faster and cheaper.

The design is regularly registered within a few days, as it is not examined for novelty and individual character at the time of registration. These requirements for protection are only examined in the context of an infringement case. In contrast to a trademark registration, registered designs can only obtain protection for up to 25 years. However, design protection can serve as a basis for a later trademark registration, namely if the design becomes known in the relevant circles of the public due to years of use and dissemination and thus overcomes the hurdle of prevailing in public. Under these conditions, even 2D and 3D designs that are initially not capable of being a trademark as such may be able to obtain trademark protection at a later date.

We register your designs worldwide, manage the corresponding national or international portfolios and support you in enforcing and defending the registered IP rights before the offices and the ordinary courts.

In the field of product piracy, we regularly use the means of border seizure as well as warning letters, interim injunctions and – if necessary – legal actions and take action directly on-site at trade fairs to defend or enforce your registered designs.

In connection with registered designs, we also offer preliminary searches to avoid obvious collisions and monitoring of registered IP rights.