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10th Edition of Nice Classification

Trademarks are used to distinguish goods and services of companies. The classification of goods and services is defined by the International treaty known as "Nice Classification" or "International Classification of Goods and Services". Every five years the Nice Classification is revised.

Leahy-Smith America Invents Act

On September 16, 2011 US-President Barack Obama signed the Leahy-Smith America Invents Act. Revisions to US patent law have been under discussion for a long time, and have now finally been enacted. Many changes will only come into effect in 2012/2013, for example the "first-to-invent" system that has been applied by the USA will be replaced by the "first-to-file" system that is more common throughout the world.

Copyright of Designs/Design protection

Diehl & Partner also offers a wide range of industrial Design services.

An industrial Design is mainly legally protected by the German Design Act ("Geschmacksmustergesetz"), however, protection may also be obtained by registering a three-dimensional trademark.

The artistic nature of an industrial Design, which may be seen as a work of fine art, can be made subject to copyright. Though creations with intended use, in other words a work of applied art and not necessarily of fine art (paintings, and the like) have to meet high demands regarding the level of originality. Product Designs especially, as well as advertising art, are subject to these high demands.

The risk of plagiarism can also meet with Unfair Competition Law. In this connection basically the principle of the general freedom of copying applies. Only in the case of avoidable fraud of origin, exploitation a good reputation or corrupt attainment of knowledge and/or information and/or material necessary for copying, the law allows for exceptions. Thus, if the law does not provide special protection, for example the Copyright of Designs, the principle of the general freedom of copying is valid.

An industrial Design in the sense of the German Copyright of Designs is the two-dimensional or three-dimensional form of appearance of a product or part of a product. The form of appearance of a product mainly results from the lines, contours, colors, shape, texture, materials and/or its ornamentation (§ 1 No. 1 German Design Act). An industrial Design protects a Design which is new and which exhibits an individual character (§ 2 para. 1 German Design Act).

Apart from registered German Designs, registered Community Designs and the Hague System for the International registration of industrial Designs, there are unregistered Community Designs. The holder of an unregistered Community Design has the right to prevent copying for a period of three years from the date on which the Design was first made available to the public. The registration of a Design gives the proprietor the exclusive right to use the Design. The protection period of a registered Design is 25 years.

During the application and registration procedure of an industrial Design, only the formal requirements are examined. There is no substantive examination as to novelty and individual character. In case of disputes, these requirements are examined by the civil Courts.

Regarding Design protection, Diehl & Partner provides experienced and effective representation in the following area:

  • » Representation before the following Intellectual Property Offices and Courts:
       1. German Patent and Trademark Office (GPTO), Munich, Germany
       2. The Trademarks and Designs Registration Office of the European Union (previously known
           as "Office of Harmonization for the Internal Market;OHIM), Alicante, Spain
       3. World Intellectual Property Organization (WIPO), Geneva, Switzerland
       4. Representation before German District Courts and Higher District Courts
       5. German Federal Patent Court, Munich, Germany
       6. European General Court (previously known as "Court of First Instance") attached to the
       7. European Court of Justice (ECJ), Luxembourg, Luxembourg
  • » Filing Applications of
       - German registered Designs
       - Registered Community Designs
       - International registered Designs
       - National foreign Designs
  • » Carrying out industrial Design searches
  • » Representation in cancellation proceedings
  • » Renewal of industrial Designs
  • » Monitoring of industrial Designs
  • » Consultation and representation in infringement proceedings - warning letters,
         preliminary injunctions, filing a lawsuit
  • » Managing and representing national and international industrial Designs portfolios
  • » Applying for action by customs authorities
  • » Preparing and negotiating sales, license and coexistence agreements
  • » Worldwide contacts with Attorneys-at-Law and Patent and Trademark Attorneys