Industrial design
You have created a new design and want to protect it from third parties?
Get protection with just a few clicks – you just need to shortly describe your design, choose where you want to protect it and to leave your contact details, the rest we will take care of.
IPfabrika provides expert legal assistance in the field of industrial property, offering services for the registration and protection of industrial designs, utility models, and geographical indications, ensuring legal protection and long-term management of these rights.
Industrial Design
Industrial design refers to the aesthetic aspects or appearance of products, including their shape, configuration, pattern, or decorative elements that make the product visually appealing and distinguishable from others. Industrial design protection usually requires registration with the relevant patent office. The owner of a registered industrial design has the exclusive right to use it and can prohibit others from using it without permission. The initial protection lasts for 5 years and can be renewed for additional periods, up to a total of 25 years.
Utility Model
A utility model is similar to a patent but is designed to protect technical innovations with a lower degree of inventive step. Utility models, also known as “petty patents,” typically protect new and useful designs, devices, or methods. The term of validity for utility model registration is 4 years, with the possibility of extension, but not exceeding 10 years from the date of application filing.
Geographical Indications
Geographical indications, according to the Law on Trademarks and Geographical Indications (GMA) in Bulgaria, are specific signs identifying products originating from a certain geographical region, where the quality, reputation, or other characteristics of the products are attributable to that region. Geographical indications are an important tool for protecting traditional products and regional specialties, such as Bulgarian rose oil (produced in the Rose Valley around the cities of Kazanlak and Karlovo in Bulgaria), Scotch whisky (produced in Scotland according to specific regulations), and others.
How can I obtain protection for my industrial design?
The applicant for the design protection must decide in which territory they will seek the protection of their intellectual property rights and file an application with the relevant office. They can choose from the following options:
National protection
Valid only on the territory of a single country, e.g. Bulgaria.
EU protection
By filing a single application, the applicant receives protection simultaneously in all 27 countries of the European Union.
International protection
By filing a single application, the applicant can obtain protection in up to 93 countries of their choice.
However, for registration to be successful, the design must be (depending on the territory):
Original = the overall impression the design creates in the user differs from that of other earlier designs.
Novel = no other identical design is known to have become generally available anywhere in the world at an earlier stage;
Why is it so important to register my industrial design?
Upon successful registration, the applicant receives exclusive rights to their design. This means that, without their consent, third parties may not copy, imitate, produce, or otherwise use the registered design in their commercial activities.
However, if such infringement does occur, we can assist in protecting your rights. In addition to seeking an injunction, the design applicant can claim monetary compensation for any damages suffered.
Moreover, industrial designs are an effective tool for building a business’s marketing identity and overall branding.
An original and creative design undoubtedly makes a product more attractive, easily recognizable, and memorable for consumers. This enables businesses to stand out from their competitors, attract more customers, and increase sales.
What else can we assist you with?
In addition to providing comprehensive support before, during, and after the process of registering an industrial design with the relevant office, we can offer you:
- Drafting a detailed legal opinion
- Renewal of industrial design registration
- Infringement protection of a registered design
- Drafting oppositions and responses related to similar/identical designs
- Drafting warning letters and negotiating with competitors
- Surrender of the right to a registered design
- Drafting and review of contracts
- Licensing of an industrial design
- Developing a strategy for the exploitation of intellectual property as a business asset
Do you need more information?
Contact us and we’ll find the best solution for your case!