Design is the outward appearance of a product or part of it and/or specific elements of its ornamentation: lines, contours, colours, shape, texture, and/or material. Read more
A design is registered and protected if it is new and is characterised by an individual character. The law stipulates that a design is considered novel if prior to the submission of the application with the patent office another identical design was not publicly available.
A design is recognised as having an individual character on condition that it produces a different overall impression on an informed consumer as compared to any other design that became publicly available prior to the submission of the application with the patent office. The design is considered identical to another design if the difference is restricted to minor detail variances.
When registering the design, it is crucial to appropriately select classes of goods which the design will be used for. Registered designs are grouped according to the international Locarno Classification that comprises 32 classes of goods.
Design registration prevents others from using your creation for commercial purposes and grants you with exclusive rights to its use. The design may be registered on a national, Community or international level under Hague Convention. The procedure and duration of each of the chosen ways varies.
International design registration allows the owner of the design to get protection in the territories of the Hague Convention contracting parties.
Product’s image is protected in several ways: as a copyright object, a dimensional trademark, a non-registered design or a registered design. A registered design is protected for 25 years and the registration must be renewed every five years.
If your design is the copyright object or not registered, to defend your infringed rights would be more difficult. Only the registered design can get the widest and most relevant protection, hence, we recommend you to register your product’s image at the relevant institutions.
In this area we:
- assess whether a design registration pending product representation is new and contains individual character, i.e. we evaluate design registrability;
- prepare documents for design registration;
- monitor the extension of design registration validity and prepare renewal documents;
- prepare and register agreements with regards to the transfer, pledge, and licensing agreements of design rights;
- choose optimum design protection ways and consult on other relevant issues;
- perform registered design monitoring.
All of the above-mentioned services are available in Belarus, Estonia, Latvia and Lithuania. Read more
With respect to the scope of your business, we will choose and offer you the most suitable territorial scope of registration. Depending on the design protection area you are interested in, the procedure of design registration and exclusive right acquisition may be implemented in one of the following ways: registering the national design in a specific country, registering a Community design, applying for international registration with a protection extended to the countries of your choice, i.e. registering the design under Hague Convention. With respect to the scope of your business activity and expansion prospects, we can offer you the most suitable option for registration.
Our experts are ready to advise you on the key product elements to be registered as a design, select the corresponding classes (designs are grouped according to the Locarno Classification that comprises 32 classes of products), and prepare all the relevant documentation to ensure the widest protection for the registered design.
Prior to the filing of the application with the chosen design institution and under you request, we examine whether the pending design conforms to all the applicable requirements and does not infringe the rights and interests of earlier registered design owners. We keep our clients informed about any potential risks as to the absence of novelty or individual character and evaluate the possibilities of successful registration. After the application is filed, we continue to defend your interests by preparing responses to the official actions or representing you in oppositions or lawsuits.
We supervise the design registration process
We keep track of all the terms, thus all the fees and patent office queries are handled on a timely basis. We inform our clients about every stage of the design registration process, and take care of all the other relevant issues arising throughout the design registration process.
We monitor the validity of the design and extend its term of validity
We have installed a design validity tracking software which allows which allows us to inform the clients about the expiry of the design registration beforehand. It is of major importance that the validity is extended on time. A failure to do so within the last year of its validity or, within the six months after expiry if a surcharge is paid may result in invalid registration. Due to the novelty criteria which a design must satisfy, submission of a new application for an identical design registration would be impossible.
We give advice on how to use your registered design effectively
The registered design becomes your own property and thus can be at your disposition. You are free to transfer the design rights or license third parties to use it. You may benefit from it financially by giving the third parties a consent to fully or partially use your intellectual property within a specified territory or for the class of certain goods.
We conduct design monitoring
By keeping track of new design registrations we notify our clients of possible infringements. We always remind them that personal engagement in the protection of the design is important too. Hence, the clients should always inform us of any instance of plagiarism, copying or unauthorised use.
We perform design audit, consult on the development of the intellectual property portfolio
Our clients can enjoy a full spectrum of legal intellectual property services. Besides the design registration, we also form design portfolios and develop design management strategies.
We represent clients in disputes subject to design matters and defend them in pre-litigation and legal proceedings, also when disputes are handled by way of claims or mediation.
|Olga Kouznetsova||Margit Järvik||Evgenia Gainutdinova||Daiva Bukniene|
|Maria Silvia Martinson||Ruta Olmane||Rasa Slunksnyte|
|Kaie Puur||Violeta Sutkiene|
|Mikk Putk||Audrone Tauriene|