Utility model law / design protection
The counterpiece to trademark protection for the protection of shapes and designs is design pro-tection. For this, it is necessary to register a so-called utility model.
A utility model protects the design with regard to shape and colour.
The design - whether it is the design of a product or the design of the packaging for a product - has become one of the sales arguments. Where it is no longer possible for the customers to often assess the minimum quality differences between the various products, the decision to purchase is mainly made on the basis of price and design.
Studies show that the design usually plays the crucial role - the fact that a successful design can be used to draw positive conclusions about the quality of the product or service.
The design forms the perception of the brand and the company and must be protected in accordance with this importance, as a key economic factor.
This possibility is opened up with utility model law. Just like trademarks, utility models belong to industrial property rights and therefore fall under the area of industrial legal protection / intellectual property.
Two-dimensional shapes, such as the colour or pattern of surfaces (carpets, fabrics, labels, etc.) fall under design protection, as well as three-dimensional shapes, such as furniture and electronic items.
The application for a utility model takes place with the DPMA (German Patent and Trademark Office) for a German utility model and with the OHIM (Office for the Harmonisation of the Internal Market) for a European utility model.
If you have questions about the utility model application or the protectability of a specific design, please contact us. Many questions can certainly be clarified within the context of an initial assessment.