The procedure

In all design registration procedures, an initial check will be carried out to determine whether the formal requirements have been met (fees paid, design holder details known and clear illustrations provided), and whether the design contravenes public order or morality. If no problems are identified, a filing date and filing number are allocated to the application. In the case of the Benelux and EU procedures, no substantive examination takes place to determine whether the legal requirements (novelty, individual character and not functionally dictated) are met. The question whether a valid design right applies will therefore inevitably arise in the event of a conflict situation or nullification proceedings at a later date. Once the formalities have been completed, the design is published and the registration certificate is issued. This makes your right visible in the registers, giving rise to a preventive effect in every case.

However, for countries outside the EU, a substantive examination is carried out at the time of the registration procedure and the official authorities examine whether all legal requirements are met before issuing the registration certificate.

Many countries offer the facility to apply for protection for several products or drawings simultaneously by means of a multiple design application. The protection obtained for the different designs in this multiple design application applies to each individual design. There is therefore no interdependence in the protection of the different designs. The advantage of a multiple design application is of a purely financial nature, given that a multiple design application is normally less expensive than various separate design applications. The requirements for the products or drawings which can be combined with one another in a multiple design filing of this type differ from country to country. Arnold + Siedsma will be pleased to advise you on the available options.