Design Registration at a Fixed Fee
- German Design Protection or EU Design Protection
- Application in within 24 hours
- By a specialized Lawyer
- Complete package – all Services included
We protect your Design – all Services included, no hidden Costs
With a registered design, you protect the appearance of a product. Typical examples are: Clothing, furniture or vehicles.
Parts of products can also be protected as a registered design, for example the button on a jacket or the steering wheel of a car.
A lot of time passes before a product is fully designed and costs are incurred. It is all the more annoying if the design is copied shortly after publication and the creative work is appropriated free of charge.
With design protection, you can successfully protect yourself against imitators and plagiarism.
German Design Registration
EU Design Registration
Design Registration – A Comprehensive Overview of All Services
Our Clients‘ Reviews
Design Registration: A Breeze with Us
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Our Clients‘ Success Stories
Diadem Europe Services GmbH
“Recht 24/7 was very helpful during the formation of the GmbH with regard to the preparation and agreement of all necessary documents such as articles of association, commercial register application and list of shareholders.
Recht 24/7 provided us with top support and advice, even though it was not the standard procedure for founding a GmbH. No questions were left unanswered.”
www.diademsports.eu
Elenita Cafe
“Recht 24/7 provided me with very competent support in registering my word/figurative mark Elenita Café.
All my questions were answered in detail and competently within 24 hours and the trademark registration was completed quickly. Thank you very much for the professional support!”
www.elenita-cafe.com
Black Label Coffee
“First of all I would like to say a big thank you for the super support and fast response time from Recht 24/7.
At the beginning we had the foundation documents prepared by Recht 24/7, which were accepted flawlessly by the notary without any effort on our part. As we progressed, we kept coming back to them for legal questions and we were always helped quickly and without complications.”
www.black-label-coffee.de
Signum Label Marketing UG
“Recht 24/7 helped us with a UG foundation and working with you was excellent. Not only because they live up to their name, but also because you work through everything with you step by step. We felt very safe in the hands of Recht 24/7.
Recht 24/7 helped us incorporate our startup stress free.”
www.ihr-private-label.de
Jellies
“Especially in times of digitalization, more and more fashion brands are entering the market through social networks. This makes it extremely difficult to protect one’s word/figurative mark without further problems.
Recht 24/7 conducted an identity search and a similarity search for our brand and thus showed us dangers but also opportunities. The application was filed quickly and efficiently without any problems.”
www.jellieswear.com
Di-Lara
“We found a simple and competent solution to our EU trademark application through Recht 24/7.
We would like to highlight in particular the quick feedback from the Recht 24/7 team on questions and challenges during the search and application phase of our EU trademark.”
www.Di-Lara.de
Holzspielzeug Pfeiffer
“We have been a family business for 20 years and have now taken the step to register a trademark. By filing for a trademark, we are protecting our company’s products and services with our name.
Opening our Amazon store was one of our main reasons for filing for a trademark.”
www.holzspielzeug-pfeiffer.de
TierparadiesFB
“Recht 24/7 helped us enormously with our trademark application at the European Trademark Office (EUIPO). As a particularly young company, we were looking for a cost-effective yet experienced and reliable partner. That is why we ended up with Recht 24/7.
The cooperation has proven to be very helpful and friendly.”
www.tierparadiesfb.de
Dein Dorfleben
“As a start-up, we were looking for a competent partner with a fair price/performance ratio early on to make our online experience platform legally compliant. In the process, we came across Rech24/7.
Competent advice and support in various legal issues related to offering and selling experiences and products on the Internet was provided from the very first minute.”
www.deindorfleben.de
Flugsimulator Dresden
“The Recht 24/7 team prepared all the necessary documents for UG incorporation for us. Our questions about the formation were answered in great detail and we received all the information about the formation.
Thank you for the very nice contacts during our UG foundation phase.”
www.flightsimulations-dresden.de
Schmiedeberger
“As a coach, I need individual legal texts that fit my work and my offers. Recht 24/7 created customized legal texts for me, with which I am very satisfied.
The legal texts were created individually for me. They took the time to listen to me and create texts that really fit. 5 stars – I can recommend Recht 24/7 to everyone!”
www.lebensdreieck.de
Benefits of Registering your Design with Recht 24/7
Why a Design Registration is important
Furniture, toys or companies: They all have an appearance, a design. Developing this takes time and money.
If the design finds unauthorized imitators, this is not only annoying, but even damaging to business. You can prevent this problem with a design application.
In this article, you will find out which designs are eligible for protection, which legal requirements must be met for a design application and how you can protect your design in a legally secure manner.
What is a design and when is it eligible for protection?
First of all, it is important to clarify what a design is in the legal sense. According to Section 1 of the Act on the Legal Protection of Designs (DesignG for short), a design is
“the two-dimensional or three-dimensional appearance of a whole product or a part thereof, resulting in particular from the characteristics of the lines, contours, colors, shape, surface structure or materials of the product itself or its ornamentation”.
In addition to a three-dimensional design – for example the appearance of a handbag or coffee pot – a two-dimensional design can also be protected. This can be, for example, a logo, a graphic or even the pattern of a fabric or wallpaper.
Applying for design protection: What is not eligible for protection?
However, designs that are exclusively determined by their technical function – for example, the appearance of a cube or a light bulb socket – are not eligible for protection. Also ineligible for protection are designs that are determined by their intended purpose (e.g. the typical shape of a wine bottle) and features that are absolutely necessary for assembly.
Legal requirements for a design application
For you to be able to protect your design, it must be new and have individual character.
A design is considered new if no identical design has been exhibited, marketed or made available to the public in any other way on the filing date. This means that an identical design must not already be registered at the time of application.
Another requirement for design registration is that your design must be unique. It must differ in its overall impression from already known designs. This must be recognizable to an informed user.
Why a design application makes sense
A design application gives you far-reaching rights, namely the so-called monopoly right. You alone have the right to use your design. You can prohibit third parties from using your design without your consent. Specifically, you can prohibit third parties from manufacturing, offering or marketing goods that contain your design.
If a third party nevertheless uses your design without permission, you can demand that they cease and desist or destroy the products in question and claim damages.
If you would like to have your design protected throughout Germany, you must file a design application with the German Patent and Trade Mark Office (DPMA). To do this, you submit your application documents by post or in person to one of the offices. Alternatively, you can apply for design protection online. You can find further information on the DPMA website.
Your application must contain the following:
- information about your identity
- the request for registration
- a representation of your design that is suitable for publication
- if applicable, an indication of the products for which the design is to be used
You should pay particular attention to the representation of your design. Because: Only what is recognizable is protected. Ideally, you should submit several detailed photographic or other graphic representations that show your design from several perspectives. Up to ten different representations can be included in the register, any more than this will be disregarded.
Where is the protection valid and for how long?
The protection of a registered design is only valid for the country in which it was registered. So think in advance about the markets and countries for which you want to apply for design protection.
As already mentioned, the DPMA is responsible for design applications in Germany. Design protection is initially valid for five years and can then be renewed every five years. The maximum term of protection is 25 years. You can register your design online here.
If you want to protect your design throughout Europe, you need to register a so-called Community design with the European Union Intellectual Property Office (EUIPO). The registration is valid for 10 years and can be renewed as often as you like.
To protect your design internationally, you first contact the DPMA and file an application for international registration. If all requirements regarding novelty and individual character are met, the DPMA will forward your application to the World Intellectual Property Organization (WIPO). Further information can be found on the WIPO website. Your design is protected for 10 years and can be renewed as often as you like. Prior design registration in Germany is not required.
Registering design protection: Is a lawyer required?
You do not necessarily have to have a lawyer file a design application. However, it is recommended for several reasons.
Firstly, as already mentioned, your design must be new and have individual character at the time of registration. To ensure that an identical, protected design does not already exist, a corresponding search is required.
You can do this yourself in the DPMA register, but due to the complexity and high relevance of this search, you should have it carried out by a competent lawyer. They will usually check not only the German but also the European design register and will take care of the necessary communication with the DPMA for you.
In addition, the reproduction – i.e. the graphic representation – of your design is of enormous importance in the design application. Here too, a specialized lawyer can provide you with valuable services. They will ensure that your design is actually reproduced in a legally compliant manner and that all content worthy of protection is fully captured.
What does a design application cost?
The DPMA charges EUR 70 for a single design application or EUR 60 if you apply for your design online. If you want to apply for several designs at once, you will have to pay EUR 7 per design, but at least EUR 70 for a paper application. The electronic collective application costs EUR 6 per design, but at least EUR 60.
After five years, you can extend your design protection by paying a maintenance fee.
- For the 6th to 10th year of protection: EUR 90
- For the 11th to 15th year of protection: EUR 120
- For the 16th to 20th year of protection: EUR 150
- For the 21st to 25th year of protection: EUR 180
- Late fee per registered design: EUR 50
The registration fee for a European design at the EUIPO is EUR 230 plus the publication fee of EUR 120.
Protect your Design now
With Recht 24/7, you receive all services at a fixed price, no hidden costs, no packages with additional costs. Our fixed-price offer includes everything you need for a professional, smooth design registration.
German Design Registration
EU Design Registration
Design Registration Questions and Answers with Recht 24/7
If it is not checked before filing a trademark application whether there are already similar or identical trademarks, the risk of contradictions due to already existing trademarks increases considerably.
Therefore, we advise to have an identity and similarity search performed before filing, which is included in our BUSINESS model.
With a registered design you protect the appearance of a product. Typical examples are: Clothing, furniture or vehicles.
Parts of products can also be protected as registered designs, for example the button on a jacket or the steering wheel of a car.
By filing a registered design, you create a time-limited monopoly on the external shape and color design of a product. The designs submitted with the application define the subject and scope of protection: only what is apparent from the representations is protected.
Registered designs can be filed by companies or private individuals.
One must perform a design search for this purpose. Specialized law firms use databases and search services for this, which are not available to the non-professional user. A general search is offered by the DPMA.
The design applied for must be designable: The specific shape and color of a product must be recognizable.
General ideas, concepts or design principles cannot be protected.
The design must be in harmony with public order and morality. It must also not contain any state emblems or other signs of public interest.
The official fees are 60 EUR in Germany and 350 EUR at the EUIPO for a Europe-wide protection.
Theoretically yes, but in practice this is not advisable: Especially the design research and the assignment to the so-called Locarno classes requires experience and is usually done by a lawyer.
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