Designs
Industrial designs are a title that grants protection on the external appearance or ornamentation of a product or part thereof, regardless of its technical or functional characteristics. Its duration in Spain is 5 years, renewable up to 25 years.
What should you know?
- You can apply for the same design in a territory for 6 months claiming the right of priority of a previous one. Therefore, you have that time to make decisions on the protection of the initial design.
- Renewal fees in Spain are paid every 5 years from the application date. In other territories the terms are similar.
- There are several routes for the protection of an industrial design, which may be of Spanish or European territorial scope, or may include other countries outside Europe. These routes can be combined among them.
FAQs
What type of design can I apply for?
Depending on the strategy chosen for the protection of a design, it is possible to apply:
- National design: You can apply for an industrial design that once granted, provides protection in Spain.
- International design: Protection can be obtained in many countries (including Spain), also outside Europe by filing a single application for international registration with the SPTO. Through the International Bureau of WIPO (Geneva), the application will be sent to the national offices of the countries designated therein.
A Community design can be obtained through the World Intellectual Property Office (WIPO) in Geneva. This design is unique for the whole EU territory, being granted, refused or cancelled for all member countries.
We help you with your designs in:
- Advice on protection strategy.
- Analysis of the novelty and uniqueness of the designs.
- Preparation and submission of applications for registration of industrial designs.
- Management of prosecution at national, community (Europe) and international (The Hague) level.
- Monitoring competitor design registrations.
- Renewal and maintenance of design registrations.
- Representation in opposition and nullity proceedings.
- Litigation related to design infringement.
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