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REGISTER A DESIGN FOR: |
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Reliable protection against unfair competition |
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Effective advertising campaign and brand awareness |
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Development of your brand as a valuable intangible asset |
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Securing financing with the trademark as collateral (for example through a pledge) |
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Effective customs control and protection against export/import of counterfeit good |
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INDUSTRIAL DESIGN
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An industrial design (design patent) is the result of creative actions of a man in the area of design development and styling.
The protected object may be a shape, an image, colour scheme or their combination, determining the appearance of the product for aesthetic or ergonomic purposes.
Industrial design registration is necessary to obtain the exclusive right to use the design and to prohibit its use by third parties.
In order to be valid, an industrial design must be new and have individual character.
Both individuals and/or legal entities may be the holders of the rights for an industrial design. An industrial design may simultaneously belong to several legal entities and/or individuals. However, an author or the authors have a nonproperty right of author for an industrial design, which is an inalienable right and is subject to permanent protection.
The design certificate (design patent) will include an image (images) of the claimed product, because it is the appearance that determines the scope of rights protected. Some countries also ask for the description of the protected design, which depending on the jurisdiction may or may not be published.
The territory covered by the protection of the registered design is always indicated in the title of protection. It may include one or several countries.
The validity of registration of the design patent is 5-25 years depending on the country (if relevant state fees are paid periodically).
It is important to remember the following: it is better to invest in protection of your original design before the start of sale of goods and services than to spend significantly more money in future to protect your products from unscrupulous competitors and intellectual property dealers.
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STAGES OF IMPLEMENTATION |
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1-2 days |
Preparation and filing of the application |
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6-12 months |
Application examination and certificate delivery (if there are no objections from the third parties) |
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0,5-1 months |
Certificate delivery |
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1-1.5 months |
Design term extension |
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NECESSARY DOCUMENTS
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Full name and address of the applicant |
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Full name and address of the author |
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Image(s) of the design |
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Name of the design (if possible, together with the Locarno class of the design) |
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Priority document (if necessary) |
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Power of Attorney |
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Payment of official fees and patent attorney fees |
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AS A RESULT,
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Registration certificate |
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Extract from the official register |
BULGARIA |
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INDUSTRIAL DESIGN
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In Bulgaria, the certificates of registration for an industrial design are issued under responsibility of an applicant (i.e. registration system). This means that the Bulgarian Patent Office (BPO) examines a claimed industrial design only for meeting absolute criteria (application correctness, correspondence to the principles of morality and ethics, etc.)
In this case, the feature of novelty is not considered to be violated if an applicant has introduced its product twelve months before submitting an application for registration.
The maximum validity of a certificate is 25 years. Maintenance fee for a certificate of registration for an industrial design must be paid before the end of the 10th, 15th, and 20th year of its validity.
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REQUEST THIS SERVICE |
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STAGES OF IMPLEMENTATION |
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1-2 days |
Preparation and filing of the application |
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6-12 months |
Application examination and certificate delivery (if there are no objections from the third parties) |
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0,5-1 months |
Certificate delivery |
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1-1.5 months |
Design term extension |
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NECESSARY DOCUMENTS
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Full name and address of the applicant |
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Full name and address of the author |
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Image(s) of the design |
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Name of the design (if possible, together with the Locarno class of the design) |
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Priority document (if necessary) |
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Power of Attorney |
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Payment of official fees and patent attorney fees |
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AS A RESULT,
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Registration certificate |
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Extract from the official register |
UROPEAN UNION |
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INDUSTRIAL DESIGN
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The European Union Intellectual Property Office (EUIPO) applies the registration system when granting legal protection for an industrial design. This means that the EUIPO examines a claimed industrial design only for meeting absolute criteria (application correctness, correspondence to the principles of morality and ethics, etc.)
In this case, the feature of novelty is not considered to be violated if an applicant has introduced its product twelve months before submitting an application for registration.
The European industrial design registration is in effect on the territory of all EU member countries and has the same status as national or international registrations.
The maximum validity of a design patent is 25 years. Maintenance fee for the certificate must be paid every five years.
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REQUEST THIS SERVICE |
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STAGES OF IMPLEMENTATION |
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1-2 days |
Preparation and filing of the application |
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6-12 months |
Application examination and certificate delivery (if there are no objections from the third parties) |
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1-1.5 months |
Design term extension |
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NECESSARY DOCUMENTS
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Full name and address of the applicant |
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Full name and address of the author |
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Image(s) of the design |
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Name of the design (if possible, together with the Locarno class of the design) |
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Priority document (if necessary) |
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Power of Attorney |
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Payment of official fees and patent attorney fees |
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AS A RESULT, YOU
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Registration certificate |
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Extract from the official register |
UKRAINE |
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INDUSTRIAL DESIGN
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In Ukraine, the design patents are issued under responsibility of an applicant (i.e. registration system). This means that the Ukrainian Institute of Intellectual Property ("UKRNOIVI") shall formally examine if the application documents meet the requirement of the current legislation, namely: it determines the date when the application was submitted, verifies if the claimed subject matter belongs to industrial designs, checks if the claimed design corresponds to the principles of morality, etc.)
In Ukraine industrial design, which is usually prepared by a patent attorney.
The maximum validity of a design patent is 25 years. Design patent maintenance fee must be paid every year.
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REQUEST THIS SERVICE |
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STAGES OF IMPLEMENTATION |
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1-2 days |
Preparation and filing of the application |
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6-12 months |
Application examination and certificate delivery (if there are no objections from the third parties) |
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0,5-1 months |
Certificate delivery |
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1-1.5 months |
Design term extension |
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NECESSARY DOCUMENTS
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Full name and address of the applicant |
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Full name and address of the author |
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Image(s) of the design |
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Name of the design (if possible, together with the Locarno class of the design) |
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Priority document (if necessary) |
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Power of Attorney |
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Payment of official fees and patent attorney fees |
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AS A RESULT, YOU
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Registration certificate |
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Extract from the official register |
UNITED KINGDOM |
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INDUSTRIAL DESIGN
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The UK intellectual property office (UKIPO) applies the registration system when granting legal protection for an industrial design. This means that the UKIPO examines a claimed industrial design only for meeting absolute criteria (application correctness, correspondence to the principles of morality and ethics, etc.)
In this case, the feature of novelty is not considered to be violated if an applicant has introduced its product twelve months before submitting an application for registration.
The maximum validity of a design patent is 25 years. Maintenance fee for the certificate must be paid every five years.
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REQUEST THIS SERVICE |
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STAGES OF IMPLEMENTATION |
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1-2 days |
Preparation and filing of the application |
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usually up to 3 months |
International (formal) examination and delivery of a certificate of application registration |
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usually up to 6-12 months |
National examination in the member countries of the Hague System |
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1-1.5 months |
Design term extension |
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NECESSARY DOCUMENTS
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Full name and address of the applicant |
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Full name and address of the author |
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Image(s) of the design |
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Name of the design (if possible, together with the Locarno class of the design) |
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List of countries to register |
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Priority document (if necessary) |
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Power of Attorney |
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Payment of official fees and patent attorney fees |
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AS A RESULT, YOU
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Registration certificate |
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Certificates of ID registration in selected countries (only in electronic form) |
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Certificate of National ID Registration (USA, Australia, New Zealand, Japan and some other countries) |
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Extract from the international register on the extension of the validity period of registration (only in electronic form) |
INTERNATIONAL DESIGN (HAGUE SYSTEM) |
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INDUSTRIAL DESIGN
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The international industrial designs are registered by the World Intellectual Property Organization (WIPO) under the Hague Agreement, which allows the registration of a design in 94 countries (as of November 2022).
An international application shall be submitted directly to the International Bureau of WIPO. When submitting the application, a single international fee shall be paid depending on the number of selected countries.
The International Bureau of WIPO examines a claimed design only for meeting absolute criteria (application correctness, correspondence to the principles of morality and ethics, etc.) Based on the results of the examination, the certificate is issued which de facto has the status of the priority document.
Further, the International application shall be examined by every national authority selected by the applicant for meeting provisions of the local legislation. Based on the results of the examination by the International Bureau of WIPO, an applicant receives a notice on design registration or a provisional refusal to register the design.
A provisional refusal of the design registration may be contested in the relevant authority, usually by engaging a national patent attorney.
An international registration can be renewed by submitting a request for the renewal to the International Bureau of WIPO and after paying the due fee.
The maximum validity of a certificate is 25 years but each member country defines its own term of the certificate. Certificate maintenance fee must be paid every five years.
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REQUEST THIS SERVICE |
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STAGES OF IMPLEMENTATION |
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The duration of the design registration process depends on the individual jurisdiction. |
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NECESSARY DOCUMENTS
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Full name and address of the applicant |
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Full name and address of the author |
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Image(s) of the design |
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Name of the design (if possible, together with the Locarno class of the design) |
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Priority document (if necessary) |
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Power of Attorney |
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Payment of official fees and patent attorney fees |
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AS A RESULT, YOU
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The type and form of documents depends on the respective jurisdiction |
WORLD |
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INDUSTRIAL DESIGN
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Patent Bureau "Dr. Emil Benatov & Partners" maintains partner relations with leading patent companies of all countries. We can register your design in even the most distant parts of the world.
With us, you will get quick and reliable service for the protection of your designs worldwide!
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