How can we help

We offer comprehensive services relating to application, registration and protection of industrial designs, including:

  • examination of registrability of industrial designs in national and international databases;
  • drafting opinions concerning registrability of industrial designs;
  • preparation of application documents of national industrial designs and Community designs;
  • filing industrial design applications under the national procedure with the Polish Patent Office, Community design applications with the European Union Intellectual Property Office (EUIPO) and through patent attorneys from other countries – national registrations in foreign Patent Offices;
  • maintenance of exclusive rights;
  • conducting civil and criminal proceedings relating to infringement of industrial designs, including before the European Trademark and Design Court;
  • conducting disputes before the Polish Patent Office, administrative courts, before the European Union Intellectual Property Office (EUIPO), the European Trademark and Design Court and the Court of Justice of the European Union (CJEU);
  • drafting agreements concerning industrial designs, including licence agreements;
  • assignment of exclusive industrial design rights;

After obtaining registered rights of an industrial design:

  • we make sure to meet the deadlines for renewal of registered rights of industrial design;
  • we introduce changes to national, European and international register.

What is an industrial design

An industrial design is any device manufactured in an industrial manner or by handicraft, including in particular:

  • manufactured products;
  • packaging;
  • graphic symbols;
  • typographic typefaces;
  • furniture;
  • composite products;
  • items comprising many replaceable components.

An industrial design is the external appearance of a product. An industrial design protects only what is visible to the naked eye.

A wide range of objects can be an industrial design, for example: household appliances, toys, technical or medical instruments, watches, jewellery, furniture, electrical appliances, textiles, sports equipment or car accessories.

Community Industrial Designs

Since 01.05.2004 Poland has been included under the regulation of the Registered Community Design (RCD). In the whole European Union the EU Council Regulation No. 6/2002 of 12.12.2001 on the Community Designs (see ‘Legal Acts’) has binding force.

The registration of the RCD design in the European Union Intellectual Property Office (EUIPO) in Alicante, Spain, gives its owner an exclusive right to use identical design or a design, that differs only in immaterial details within the whole EU. A trademark is registered under the RCD procedures after verification of correctness of the application documents. The protection lasts within the whole EU in the first protection period for 5 years with the possibility of prolonging for next 5 years periods, up to 25 years. In one application there can be applied generally unlimited number of design version under condition of payment additional fee for a second and each next version of the design.

As of 01.05.2004 Poland has been a party to RCD, similar to 9 other states accessing the EU at that time. The community designs filed under the RCD procedure are subject to the procedure of verification of correctness of the application documents formal examination and there is no examination of relative registration capacity of an application, for example the requirement of novelty and individual character.

Litigation procedure with regard to these requirements was left to EUIPO Alicante, in litigation proceedings upon request of the party, which is interested in invalidity of the community design registration.

TRASET Patent Office is authorized to carry out works and represent applicants before the EUIPO Office in Alicante in the field of registration procedures and obtaining protection for the European trademark and Community industrial design.

If you want to find out more about services concerning industrial designs, send us a query by using the form. We will respond immediately!