FAQ
Designs
Clients frequently ask us the following questions on the subject of designs:
1.
Design and Geschmacksmuster:
I’m confused. What is the difference?
The term ‘design’ primarily denotes the outer appearance of a product.
However, in many countries the term ‘design’ is also used for the property right by means of which this form of appearance can be protected. This is also the case in Switzerland. Previously, a distinction was made between designs (two-dimensional) and models (three-dimensional). Today, in Switzerland, the terms designs or design rights are always used.
In other countries and legal regimes, the term Geschmacksmuster (aesthetic model) has become established, for instance in Germany.
And then there is also the Community design: this means a design which can be applied for and registered for the entire EU at OHIM.
We can undertake the registration of a design for Switzerland and also for the EU for you by way of the international application procedure.
2.
Of course I’d like to be protected. But what is the actual scope of protection of a (my) design?
The scope of protection typically extends to all representations which do not create a different overall impression.
The application documents are key to the question of what still creates the same overall impression. If coloured representations are selected, even a different choice of colour can mean going outside of the scope of protection. Thus, black and white representations generally offer a wider scope of protection. Black and white drawings which are produced by experts and show the product from all sides and in an oblique view are particularly advantageous.
3.
How long does the registration procedure last? Can I influence it?
The registration and publication of Swiss designs and also of Community designs in the EU generally takes place within a few weeks.
If that is too quick for you (for example because you do not want your competitors to be aware of the new design yet), the publication of a Swiss design and of a Community design can, on request, be delayed by up to 30 months.
4.
Do I actually need design protection? Or would a trademark be better?
In fact, in many cases both types of property right could be considered. We are happy to advise you as to which property right is more suitable for you in any specific case.
A particularly intelligent long-term strategy could, however, combine both types of property right: on the basis of a design right, a right of prohibition exists for many years (up to 25 years in Switzerland). This time can be used to make the design known in the market – without interference from competitors because of the design right protection. Then, when market penetration is sufficiently great, a trademark can be registered on the basis of having acquired distinctive character through use. Since a trademark can be extended an unlimited number of times, it is possible in this way to obtain valuable protection which may not have been achievable without the original design protection.
5.
I’m already using the design, but would now like to arrange for it to be protected. Can I still do that?
Perhaps, yes: in many countries there is what is known as a grace period. Thus, the registration of a design in Switzerland or of a Community design in the EU is not obstructed by previous publications which occurred within 12 months before the application date and which can be attributed to the applicant/designer himself or herself.
If you are interested in other countries, please speak to us. We would be happy to provide you with further assistance.
Do you have any more questions?
Please get in touch with us:
|
Telephone: |
+41 (0)71 913 95 55 |
|
|
Fax: |
+41 (0)71 913 95 56 |
|
|
E-mail: |