INDUSTRIAL MODELS OR DESIGNS
A Design Registration protects a new individual feature of an object, more particularly it can protect the shape, contours, lines, textures/materials, or colors of any industrial or handicraft object or any ornamentation thereof, more particularly components parts of a more complex object can be protected by a Model or Design. The overall impression must be different from any prior model or design, while “special ornament” or “aesthetic impression” are no longer required.
Multiple applications are allowed with unlimited number of items, however each design of a multiple application must fall within the same class of the Locarno Classification.
Overall duration is 25 years, provided that it is renewed every 5-year period and related fees are paid with corresponding petition.
REQUIREMENTS FOR FILING ITALIAN MODEL OR DESIGN APPLICATIONS
- Power of Attorney (no legalization required – term for late filing: 2 months)
- Drawings, prints, photographs or any other reproduction, in electronic format. In the event of textile products, samples can be filed instead of representations (term for late filing: 2 months)
REGISTERED EUROPEAN COMMUNITY DESIGNS
Italy is a member of the European Union, therefore a design protection in its territory can also be obtained through a Registered Community Design (RCD).
European Community Design Applications are filed directly at the European Union Intellectual Property Office (EUIPO, former OHIM) in Alicante, Spain. A single registration gives exclusive rights to use the design in all the EU Member Countries.
A design can protect the outer appearance or shape of an object or its features or its part, and its ornamentation.
The designated product must be clearly indicated in order to be classified according to the Locarno Classification. Multiple applications are allowed with unlimited number of items, however each and every design of a multiple application must fall within the same class of the Locarno Classification. Each design can be represented with a maximum of 7 views.
Design applications are usually registered within few weeks. Duration of the registration is 5 years from application date, renewable every quinquennium up to a maximum of 25 years.
REQUIREMENTS FOR FILING REGISTERED COMMUNITY DESIGN APPLICATIONS
- General Authorization (not compulsory)
- Drawing of the design (up to 7 views) – electronic format appreciated JPEG) or Pictures
- Title and type of product to be classified according to Locarno classification
- If priority is claimed, a certified copy of the basic application and an English translation thereof.