We advise on the use of registered and unregistered design rights, copyright, trade marks and patents to protect product design. The choice and combination of rights depend on the nature of the product, its commercial importance, the countries in which it will be sold and the form that any eventual enforcement action is likely to take.
The quality of a design registration depends heavily on the representations filed with the application. We advise on the selection of views, the use of disclaimers and the treatment of colour, ornamentation and component parts. Where a product range contains several variations, we determine how they should be grouped and filed.
We prepare and file design applications with OSIM and EUIPO, claim priority where appropriate and manage publication or deferment in line with the client’s plans. International applications under the Hague System and national filings elsewhere are coordinated from the same instructions, so that the representations and ownership details remain consistent across the resulting filings.
We advise on the validity and scope of design rights, whether a new product may infringe an earlier right and whether a competing product falls within the protection already held. The assessment addresses novelty, individual character, overall impression and the degree of freedom available to the designer in the relevant sector.
We represent applicants and earlier-right holders in oppositions and appeals before OSIM, and act in design invalidity proceedings before EUIPO. Romanian cancellation and infringement actions are handled before the competent courts. We prepare the design comparisons, factual evidence and legal submissions required for each forum.
