Industrial design registration in Germany

Germany is one of the world’s leading countries in industrial design registration and manufacturing, with a long history and tradition in many fields. Germany is famous for its high-end car trademark such as Mercedes-Benz, BMW, Audi and Porsche. The industrial design plays an important role in making these cars different and classy, from the exterior design to the interior and small details. Germany is said to be the world’s leading manufacturer of industrial machinery and equipment, from machine tools and industrial robots to electronics and automation. The development of industrial designs helps improve the aesthetics, functionality, and user experience for these products. Household electronics from German brands such as Siemens, Bosch, Miele, and Braun are well-known for their high-quality products, exquisite designs, and outstanding features. Industrial design is an important factor that helps these products attract consumers and affirm their position in the market. Germany has a thriving fashion industry, with many well-known brands such as Hugo Boss, Adidas, and Puma. Industrial designs play an important role in differentiating and styling fashion products, from clothing and footwear to handbags and accessories. With many advantages, more and more individuals and organizations want to register industrial designs in Germany, Viet An Law Firm would like to guide customers to preliminarily register industrial designs in Germany through the article below.

Legal Basis

• Industrial Design Protection Law

Definition of industrial design in Germany

In Germany, industrial design is defined as the creative process that develops and defines the form, function and features of a product, taking into account aesthetic, ergonomic, technical and economic aspects. Industrial designs aim to create products that are not only visually appealing but also functional, user-friendly and commercially viable. The main contents of the concept of industrial design in Germany include:

• Function: The design must serve the intended purpose of the product in an efficient and performant manner.
• Aesthetics: The design should be visually appealing and reflect the brand identity.
• Ergonomics: The design should be comfortable and easy to use for the target audience.
• Technically feasible: The design must be feasible to manufacture and meet technical requirements.
• Economically viable: The design must be cost-effective and profitable.

Industrial designs in Germany are protected by the “Geschmacksmustergesetz” (Industrial Design Protection Act), which grants exclusive rights to creators of original and novel designs.

Conditions for Industrial design registration in Germany

• Novelty: The design must be new, which means it must not be identical to any design that was published before the filing date i.e. designs that have been published, exhibited or offered for sale are not allowed.
• Distinctiveness: The design must be distinctive, which means that it must create an overall impression that is different to the knowledgeable user compared to any previous design.
• Visibility: The design must be visible during normal use of the product. This means that it cannot be a purely technical feature or an internal component that is not visible to the user.
• Not completely governed by technical function: The design must not be completely governed by its technical function. This means that there must be a certain degree of freedom in design choices that are not merely determined by the technical requirements of the product.
• Not contrary to public or moral policy: Designs must not be contrary to public policy or ethics. This includes designs that are offensive, discriminatory, or promote violence.

Types of industrial designs that can be registered in Germany

• Two-dimensional styling: Includes patterns, patterns, graphic icons, and fonts.
• Three-dimensional design: Includes the shape or configuration of the product, such as the shape of a seat, bottle, or car.
• Two-dimensional and three-dimensional design combinations: This can be a combination of both, such as the shape of the bottle with the label design.

Note:

• Multiple Style Applications: Applicants can file an application for multiple designs (up to 100) as long as they belong to the same Locarno group.
• Community Designs: The applicant can also obtain the protection of his industrial design in Germany by registering a Community Design, which provides EU-wide protection.

Dossier of Industrial design registration in Germany

• 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).

Note: If the applicant does not have a residence, principal place of business, or business establishment in Germany, the applicant must appoint a qualified and authorized patent attorney or attorney to represent the applicant

Fees for Industrial design registration in Germany

Basic fees for a single design:

• Electronic application: €60
• Paper application: €70

Additional Fees:

• Each additional style (e-filing): €6
• Each additional style (paper application): €7

Renewal fee: The renewal fee must be paid every 5 years. The cost depends on the number of designs and the remaining term of protection.

Industrial design registration in Germany under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

Intellectual property service in Germany of Viet An Law Firm

• Perform the search and notify customers in writing of the results of industrial design search in Germany;
• Drafting dossiers and directly filing and monitoring the status of industrial design applications filed on behalf of industrial design owners in Germany;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring intellectual property applications in Germany;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out the procedure in Germany.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file an application for registration of an industrial design in Germany, please contact Viet An Law Firm for the most effective support.