Community Design

It is a single registration covering all the countries of the European Union, namely.

SOME FEATURES OF THE COMMUNITY DESIGN

REQUIREMENTS

NOVELTY: no identical design or a design, different for immaterial details shall be disclosed to the public in the usual trade among the informed users within the European Union.

INDIVIDUAL CHARACTER: the design has individual character, if the overall impression on the informed user differs in a significant way from any other design, that has been disclosed to the public.

DURATION
Up to 25 years: fees are due for each period of five years from the filing date

EXAMINATION
It relates only to formal requirements (and comply to morality and public order) but not on the novelty of the design.

PUBLICATION OF THE REGISTRATION
The OHIM publishes the registration of the design on its web site.

CANCELLATION FOR LACK OF NOVELTY
Any person or company can file a cancellation request for lack of novelty before the Cancellation Division of the OHIM, showing evidence of it.
If the request is accepted, the design is cancelled for all the European Union.

SOME ADVANTAGES
Economic: - multiple application:
One single file, one single renewal date, one single fee for all the 25 countries of the European Union.
More designs can be filed with a single application, provided that they belong to the same international Class (e.g.. all designs of jewellery, all of pottery etc.), and the additional fees are paid.

SEIZURE AT CUSTOMS FOR COUNTERFEITED GOODS
With a Registered Community Design, it is possible to alert the national customs of each state of the European Union, to execute inspections, blocks and seizures of goods coming into the European Union and infringing a Community Registered Design.
This action is particularly important and effective to limit economic damages, that come from counterfeited goods, in most cases coming from the Far East countries.