Register Industrial Design Certificate in Austria

Certificate registration for Industrial Design in Austria is the best way for IP protection. This country known for its long tradition of design and manufacturing, along with a favorable business environment, which facilitates the development of industrial designs in many sectors. Austria has a long history of producing high-quality furniture and innovative interior design, many companies in Austria are world-renowned for producing modern, minimalist furniture and smart interior solutions. This field is carried out by universities and research institutes specializing in design, so there are high-quality human resources, so the applications registered in this field are very diverse. Austria has several well-known fashion and accessories brands, especially in the field of sports and outdoor fashion. The combination of innovative design and high product quality has helped Austrian brands succeed in the international market. The sector benefits from major fashion events held in Austria, attracting the attention of professionals and the media. Therefore, most individuals and organizations operating in this field have the need to register industrial designs in Austria, Viet An Law Firm would like to guide customers through the article below.

Legal Basis

• Federal Law of 7 June 1990 on Design Protection (Design Law 1990, as amended to Federal Law published in Official Gazette of Federal Law I No. 37/2018 (BGBl.I No. 37/2018))

Definition of industrial design in Austria

In Austria, industrial design is defined as the creative process of developing and defining the form and characteristics of a product produced through mass production techniques. It focuses on the aesthetic, functional, and ergonomic aspects of the product, considering its target audience and intended use.

Conditions for Industrial design registration in Austria

• Novelty: The design must be new, which means it must not be identical to any design that was published before the filing date or priority date of the application.
• Distinctiveness: The design must be distinctive, which means it must create an overall impression to the knowledgeable user that is different from any design that was published before the filing date or priority date of the application.
• Not contrary to public order or morality: The design must not be contrary to public order or morality.
• Showable: The design must be shown during the use of the product.

Types of industrial designs that can be registered in Austria

Two-way design

• Pattern: A repetitive or non-repetitive design is applied on a surface, such as textiles, wallpaper, or packaging.
• Decorative motifs: Decorative elements that enhance the appearance of a product, such as logos, graphic icons, or fonts.

Holographic design

• Shape of the product: The overall appearance or configuration of an object, such as a chair, lamp, or bottle.
• Configuration of the product: The arrangement of the parts or elements that make up a product, such as the layout of the buttons on the remote control or the arrangement of the parts in the machine.
• Product Decoration: Decorative features are applied to the product, such as reliefs, carvings, or textures.

Combining two-dimensional and three-dimensional designs

Designs that incorporate both two-dimensional and three-dimensional elements can also be registered. For example, a product has a unique shape and a special pattern is applied on its surface as follows: Furniture, Home Appliances, Electronics, Toys, Clothing, Shoes, Jewelry, Packaging, Bottles, Containers, Graphical User Interface (GUI)

Search for industrial designs in Austria

Austrian Design Register

It is the official database of industrial designs registered in Austria. Users can search by a variety of criteria, including:

• Design registration number: If you know the specific registration number of the design.
• Name/Company: If you know the name of the designer or company that owns the design.
• Locarno Classification: This international classification system categorizes products according to their function, which can help you narrow down your search.
• Keywords: You can use keywords related to the design or the product itself.

DesignView

It is a global database of industrial designs, including those registered in Austria. Customers can access here: https://www.tmdn.org/tmdsview-web/welcome

Application for Industrial design registration in Austria

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

A dossier includes:

Fees for Industrial design registration in Austria

Application Fee:

• Application for a design: 127.50 EUR
• Multi-style application (up to 10 designs):577.00 EUR

Publication fee in the Austrian Design Gazette: 39.00 EUR

Renewal Fee:

• 5-year extension:00 EUR
• 10-year extension: EUR 478.00
• 15-year extension: EUR 717.00
• 20-year extension: EUR 956.00

Late payment fee:

• Late renewal (within 6 months after expiration): 150.00 EUR
• Restoration of expired designs (within 6 months of expiration): 300.00 EUR

Other fees (if required):

• Expedited check-in request: 200.00 EUR
• Additional fees may apply to other services, such as requesting a copy or changing the subscription.

For all request related to protection for industrial design, trademark registration, patent registration, please contact Viet An Law Firm for the most effective support!