responsibility finder
Schleswig-Holstein

Register design

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Designs that are new and have individual character can be protected as a registered design at the German Patent and Trademark Office (DPMA).

Registered designs protect the appearance of industrially or artisanally manufactured two- or three-dimensional products, such as

  • clothing
  • furniture
  • vehicles
  • fabrics
  • ornamental objects or
  • graphic symbols.

Parts of products can also be protected as registered designs, for example the sole of a sports shoe or the cap of a writing instrument. General ideas, concepts or design principles cannot be protected.

With a registered design, the German Patent and Trade Mark Office (DPMA) grants a temporary monopoly on the appearance, i.e. the external shape and color scheme of a product. The representations of the design (reproduction) that you submit with the application are therefore particularly important. Only what is visibly reproduced in the representations is protected.

Protection arises when the design is entered in the register kept by the DPMA. It is valid throughout the entire territory of the Federal Republic of Germany. As the owner of a registered design, you have the exclusive right to use the design. You can prohibit third parties from using your design in the manufacture, sale, import or export of products. This also means that you, as the design owner, can take action against any design that does not create a different overall impression on the informed user than your registered design.

When you register a design, it is checked

  • whether the application meets the legal requirements, in particular whether all the necessary information is included and the design representations meet the formal requirements, and
  • whether the design applied for is designable, i.e. whether it shows the specific shape and color of a product. The design must also be compatible with public order and morality and must not constitute a misuse of national emblems or other signs of public interest.

However, it is not examined whether the design applied for also fulfills the other substantive requirements for protection - for example with regard to the novelty and individual character of the design. A design is therefore also registered if one or more of these requirements for protection are missing. These requirements for protection are only examined in court in the event of a dispute in invalidity proceedings before the DPMA or in the event of a counterclaim in infringement proceedings.

If your design has been registered and no request for deferment of publication of the representation has been filed, the protection is valid for 5 years from the filing date. You can then maintain protection up to four times by paying the maintenance fees on time. In total, you can protect your design for a maximum of 25 years.


Process flow

You can register your design in writing or electronically. If you wish to register your design in writing:

  • Please download the application form for the registration of a design and - in the case of multiple applications - the attachment sheet, if applicable, and complete both.
  • Enclose the reproduction of the design on the reproduction form or as a JPEG file on an admissible data carrier (CD/DVD) with the application. Up to 10 photos or other graphic representations of the design can be submitted as a reproduction, in particular to show the design from different perspectives.
  • Attach all necessary documents and submit your application to the DPMA in person or by post (not by fax). Please be sure to observe the legal requirements and the specifications for the reproduction of your design. The following documents are essential
    • details of the applicant
    • the representation of the design and
    • the product specification.
  • You will then receive an acknowledgement of receipt.
  • Pay the application fees within 3 months of filing the application.
  • Your application will be examined by the Design Division of the DPMA. The DPMA will check whether all the information and documents required for the application have been received.
  • It will be determined whether the application meets the legal requirements, in particular whether the representation complies with the formal requirements.
  • If all requirements are met, the Design Division will enter your application in the register. The entry will be published on the "DPMAregister" publication platform and in the electronic Design Gazette. Upon entry in the design register, design protection is granted.
  • In order to maintain protection, you must pay the maintenance fees in good time at the end of each protection period (5 years in each case). However, you can only have your design protected for a maximum of 25 years.

If you wish to apply for registration electronically:

  • For applications of up to 10 designs, you can file your application via the "DPMAdirektWeb" service; it is then valid without signature and without electronic signature.
  • If you want to apply for more than 10 designs, please use the free "DPMAdirektPro" service. You will need
    • a signature card with the corresponding card reader
    • the "DPMAdirektPro" application software to create and validate the application documents
  • You will then receive a confirmation of receipt.
  • Pay the application fee within 3 months of filing the application without being requested to do so.
  • The DPMA will then check whether your design can be registered as described above.
Requirements
  • The design applied for is designable (the specific shape and color of a product is shown)
  • The design is compatible with public order and morality. State emblems or other signs of public interest may not be misused.
  • If you do not live in Germany and have neither a registered office nor a branch in Germany, you must be represented by a lawyer or patent attorney.
Which documents are required?
  • Application form for the registration of a design
  • Reproduction of the design suitable for publication (up to 10 photographic or graphic representations)
  • Indication of the products in which the design is to be incorporated or in which the design is to be used
  • In the case of multiple applications (applications with several designs) in paper form, additionally: attachment sheet to the application for registration of a design
What deadlines do I have to pay attention to?
  • Payment of the application fee: within 3 months of filing the application
  • Payment of the maintenance fee: at the latest at the end of each protection period (5 years from the filing date)
Legal basis
Appeal
  • Appeal proceedings before the Federal Patent Court; the applicant may lodge an appeal against the decision to reject an application for registration of a design within one month of service of the decision.
  • Designs can also be canceled due to invalidity: Invalidity proceedings on request before the DPMA or counterclaim in infringement proceedings before the Regional Court
Applications / forms

Forms available: yes

Written form required: yes

Informal application possible: no

Personal appearance necessary: no

Online services available: yes

Author
Forwarding service: Deep link to the origin portal

German Patent and Trade Mark Office (DPMA)

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Justice

Professionally released on

18.03.2022

Teaser

Designs that are new and have individual character can be protected as a registered design at the German Patent and Trademark Office (DPMA).

Process flow

You can register your design in writing or electronically. If you wish to register your design in writing:

  • Please download the application form for the registration of a design and - in the case of multiple applications - the attachment sheet, if applicable, and complete both.
  • Enclose the reproduction of the design on the reproduction form or as a JPEG file on an admissible data carrier (CD/DVD) with the application. Up to 10 photos or other graphic representations of the design can be submitted as a reproduction, in particular to show the design from different perspectives.
  • Attach all necessary documents and submit your application to the DPMA in person or by post (not by fax). Please be sure to observe the legal requirements and the specifications for the reproduction of your design. The following documents are essential
    • details of the applicant
    • the representation of the design and
    • the product specification.
  • You will then receive an acknowledgement of receipt.
  • Pay the application fees within 3 months of filing the application.
  • Your application will be examined by the Design Division of the DPMA. The DPMA will check whether all the information and documents required for the application have been received.
  • It will be determined whether the application meets the legal requirements, in particular whether the representation complies with the formal requirements.
  • If all requirements are met, the Design Division will enter your application in the register. The entry will be published on the "DPMAregister" publication platform and in the electronic Design Gazette. Upon entry in the design register, design protection is granted.
  • In order to maintain protection, you must pay the maintenance fees in good time at the end of each protection period (5 years in each case). However, you can only have your design protected for a maximum of 25 years.

If you wish to apply for registration electronically:

  • For applications of up to 10 designs, you can file your application via the "DPMAdirektWeb" service; it is then valid without signature and without electronic signature.
  • If you want to apply for more than 10 designs, please use the free "DPMAdirektPro" service. You will need
    • a signature card with the corresponding card reader
    • the "DPMAdirektPro" application software to create and validate the application documents
  • You will then receive a confirmation of receipt.
  • Pay the application fee within 3 months of filing the application without being requested to do so.
  • The DPMA will then check whether your design can be registered as described above.

Requirements

  • The design applied for is designable (the specific shape and color of a product is shown)
  • The design is compatible with public order and morality. State emblems or other signs of public interest may not be misused.
  • If you do not live in Germany and have neither a registered office nor a branch in Germany, you must be represented by a lawyer or patent attorney.

Which documents are required?

  • Application form for the registration of a design
  • Reproduction of the design suitable for publication (up to 10 photographic or graphic representations)
  • Indication of the products in which the design is to be incorporated or in which the design is to be used
  • In the case of multiple applications (applications with several designs) in paper form, additionally: attachment sheet to the application for registration of a design

What deadlines do I have to pay attention to?

  • Payment of the application fee: within 3 months of filing the application
  • Payment of the maintenance fee: at the latest at the end of each protection period (5 years from the filing date)

Legal basis

Appeal

  • Appeal proceedings before the Federal Patent Court; the applicant may lodge an appeal against the decision to reject an application for registration of a design within one month of service of the decision.
  • Designs can also be canceled due to invalidity: Invalidity proceedings on request before the DPMA or counterclaim in infringement proceedings before the Regional Court

Applications / forms

Forms available: yes

Written form required: yes

Informal application possible: no

Personal appearance necessary: no

Online services available: yes

Author

Forwarding service: Deep link to the origin portal

German Patent and Trade Mark Office (DPMA)

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Justice

Professionally released on

18.03.2022

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