DESIGNS
DESIGN SERVICES
General advice, prosecution and actions before design offices:
- Spanish and European Union design applications
- Oppositions to Spanish designs
- Revocation of European Union designs
- Advice on protection as Unregistered Community Designs
- Recordation of assignments and licenses
Dispute advice and litigation:
- Dispute assessment and strategic advice
- Drafting and responding to cease and desist letters
- Out-of-court settlement negotiations and agreement drafting
- Litigation before Spanish courts, acting for plaintiffs or defendants in proceedings related to design rights
- Appeals to the General Court of the European Union from EUIPO design decisions
QUICK POINTS ABOUT DESIGNS
- Spanish and EU designs are usually examined and registered within days of correctly filed applications.
- Multiple-design applications are permitted under both systems.
- EU designs are preferred by foreign applicants due to their broader territorial protection, making up for the difference in official fees.
- Understanding the relationship between registered and unregistered designs is crucial. The first public disclosure starts both the grace period for registration and the term of unregistered EU design protection.
- This first disclosure can happen inside or outside the EU. The key factor is whether it is likely to become known within relevant commercial circles in the EU.
- Within one year of first disclosure, the designer may register the design. If not, it will be protected for an additional two years as an unregistered community design.
- Unregistered designs do not protect against designs created independently by third parties plus there may exist practical problems in substantiating the entitlement to the design and its first disclosure, all of which make it advisable to obtain a registration, either before disclosure or within the grace period.
