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Filing a Registered Design in Europe

Written by Jane Coyle on 11 September 2008

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To file a registered design in Europe the following minimum requirements are needed: Name and address of the applicant, indication of the first and second language, at least one visual representation of the design, indication of the type of product designed, signature and pay the fees. For a multiple application, the applicant can file as many designs as he wishes, the only condition being that the products to which the design is applied belong to the same class of product. Classification is referred to as the Locarno system. This condition does not apply when an application concerns ornamentation.The only upper limit concerning the number of designs within a multiple application relates to an application made online. In this case, the upper limit is of 99 designs per application.

Priority may be claimed on the basis of a previous (first) application(s) of a design or utility model (but not on the basis of a patent application) filed in or for a State which is party to the Paris Convention or a member of the World Trade Organisation (WTO). Priority can only be claimed where the application for a Community design is filed within six months from the date of filing of the first application(s). In order to avoid the loss of your right to priority, it is highly recommended that the priority is claimed in the application. The claim of priority needs to be supported by a priority document which is recommended to be enclosed with the application. Publication of a registered design may be delayed for up to 30 months and your product may therefore remain confidential until you are ready to disclose it. You may even choose not to publish it at all and your registration will then lapse after the 30 month period. The request for deferment must be made on the application form; late requests will not be accepted.

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