Industrial design registration in Spain. The number of Registration of Industrial Designs in Spain has increased considerably at the latest years. This is due to the efficiency and low cost of the procedure.
Industrial design registration in Spain. Definition:
By Industrial Design it is understood all kind of innovative shape which refers to the characteristics of its appearance or its ornamentation. That is, all kind of objects that can be used like a model for the fabrication of a product making it visually different from another one and that can be described by its structure, configuration, ornamentation or representation, not taking into account any of its technical or functional features.
An Industrial design can consist in:
- Three-dimensional elements, like the shape of a product.
- Two-dimensional elements, like figures, lines or the color of a product.
- A combination of the previous elements.
The application it is drawn up following the requirements established by the Law 20/2003, 7 July, of Juridical Protection of the Industrial Design.
For its registration it is necessary a worldwide novelty and its grant will provides the applicant the exclusivity for manufacture and sell the product in Spain. Initially, like occurs with the Community designs, a Spanish Industrial design has a life of 5 years from the date of filing and can be renewed in periods of five years up to a maximum of 25 years.
The rights acquired with the registration are in particular: the making, offering, marketing, importing, exporting or use of a product in which the design is incorporated or to which it is applied, or holding stock of such a product for those purposes.
In Spain, when applying for an Industrial Design, the applicant can designate until 50 different variants, as long as they are connected with the same matter and therefore, belong to the same epigraph of the Locarno’s Classification, with the exception of the two-dimensional designs. Furthermore, it is possible to include until 7 views of each variant, which it allows the applicant to exhaustively detail each of this variants.
The procedure for registering an Industrial Design it last over 6 months, that match with the 6 months of the international priority, which allows the applicant to extent the protection to another countries maintaining the original filing date.
It is important to highlight the possibility to postpone the publication of the application. This late publication can affect to all or part of the designs included in the application and the postponement can last a maximum period of 30 months.
Industrial design registration in Spain. procedure steps:
The procedure of an industrial design in Spain follows the following steps:
- Application.
- Formal Examination (the novelty is not verified, neither the singular characters of the design. And there is not search to the possible priority rights).
- Publication of Grant.
- Period for third parties opposition: 2 months.
- Once the opposition period has expired it is issued the Granting Certificate.
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