INDUSTRIAL DESIGNS/ MODELS PDF Print E-mail

An industrial design or model represents the appearance of a product or of a part thereof, in two or three dimensions, resulting from the combination of the main features, particularly lines, outlines, colours, shape, texture and/or materials of the product itself and/or its ornamentation;

An industrial design/ model may be registered at the State office for Inventions and trademarks if it is new and has an individual character.

An industrial design shall be regarded as new if it has not been made available to the public prior to the date of the regular deposit of the application or to the recognized priority date.

Designs and industrial models are considerated to be identical if their features difer only in what the not important features are concerned.

The requirement of "particular character" of the design means that the general impression that the said design would have on a knowledgeable consumer is different from the impression made by any other designs made available to the public prior to the date of filing of the design or prior to the priority date.

The right to be granted a certificate of registration belongs to the creator of the industrial design or to his successor in title.

Where two or more persons have made the same industrial design independently, the certificate shall be granted to the one who first files the registration application at the State Office for Inventions and TradeMarks or, where a priority has been recognized, to the person whose application has the first priority date.

The term of validity of a certificate of registration of an industrial design is 10 years starting the date on which a regular deposit was effected and it may be renewed for three successive five-year periods.

For the registration of an industrial design /model the following documents are necessary:

  • application for the registration of the industrial design/model
  • personal information of the applicant
  • documents indicating the article or the articles to which the industrial design is intended to be incorporated
  • graphic representations of the industrial design/model
  • priority papers when priority is invoked
  • a "novelty" declaration that would entitle the granting of legal protection

COMMUNITY DESIGNS/ MODELS

The Community design/ model is the design or model protected throughout the entire European Community.

INTERNATIONAL DESIGNS/ MODELS

It refers to the industrial design or model registered in any member state of the Hahue Agreement where the applicant has commercial interests.

Services:

  • Legal advice regarding the registrability of a design/ model;
  • Elaborating and filing the necessary documentation for the recording of the design in Romania;
  • Elaborating answers and letters with professional colleagues located in all major countries;
  • Elaborating answers to national, community or international offices;
  • Preparing and filing the reply to a possible refusal from The State Office for Inventions and TradeMarks;
  • Elaborating the reply to the oppositions of third parties regarding the registration of the design in Romania;
  • Preparing and sustaining the oppositions against the decision of the The Romanian State Office for Inventions and TradeMarks;
  • Elaborating and recording the oppositions against the registration of similar designs;
  • Preparing the necessary documentation for renewal of a design/ model;
  • Specific actions in order to combat and prevent of counterfeiting;
  • Elaborating and transmitting the international and community application for designs/ models;
  • Providing legal advice for the applicant regarding the proceedings before The Romanian State Office for Inventions and Trademarks and before the international and community offices;
  • Elaborating and negotiating cession or license contracts;
  • Advice and representation for cancellation of designs/ models;
  • Elaborating opposition regarding the registration of designs in Romania;
  • Legal representation in Court for the cancellation of an industrial design certificate;
  • Performing any legal activities related to industrial designs/ models.
 

Contact

Software Park
23 Portului Street
Floor 3, Room 307
800025, Galati
ROMÂNIA

Phone / Fax:
  • +40 236 40 70 32
Email:
  • office@loyalpartners.ro

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