Designs

A design right may be obtained on tangible products which have a set of characteristics of the product itself or the visual appearance of the product. The product may be the product as such or a part of the product. The set of characteristics should be new and have individual character. The set of characteristics together should give the experienced user an impression that your product is new and has individual character.

Applicants having their principal place of business within the EU may obtain a non-registered EU design right by the first publication of the new design. This non-registered EU design right gives a design right for 3 years. However, the protection is limited to close imitations of your product.

If your product should be design protected for more than 3 years an application for a registered design right has to be filed within 12 months (grace period) of the first publication of the design. An application for a registered design right may be obtained for 5 years from the filing date or if priority is claimed from the first publication and may be renewed for another 4 times 5 years.

MM Patents provides general assistance to potential customers and files applications for design registrations for Denmark and for EU for customers.

If your design right is infringed by a competitor MM Patents also assist.

Your competitor may have filed by the Danish Patent and Trademark Office a claim on that your design right is not new. MM Patents may assist in responding to this.

If you want to file an invalidity claim because your product is infringed by a competitor MM Patents may also help you.

Even though you may have obtained a design right it is important that the product is not similar to a product of a competitor. It is not allowed to enjoy marketing value from a competitors product by making a product which is similar.