Is your product defined by its design?
In some sectors of the economy, the design of a product is one of its most important characteristics. It can be the decisive factor for market success. A particular design makes a product instantly recognizable. The value of the assets embodied in the design alone should not be underestimated.
The appropriate protective right for a product design is the registered design (formerly known as the design patent). The color scheme and shape of a product can be protected against imitation by a registered design. This protection can also be considered for small, everyday objects.
A design can be registered for three-dimensional objects, for example furniture, cars, glasses or toys, but also for two-dimensional patterns such as fabrics, wallpaper, logos, graphics or icons. The scope of application is thus broader than one might think.
Registering with the German Patent and Trade Mark Office is relatively inexpensive. For a small fee, you can acquire a monopoly right to use the protected design. If someone then imitates the products, the main considerations are injunctive relief and claims for damages. But you should never forget the ancillary rights either.
Your contact persons for design law