OHIM have issued a new practice notice concerning the Community design. The notice concerns what constitutes an acceptable graphical representation for the purposes of Art.4 of the Community design directive. The main clarification provided by the notice is that the design applied for must be shown on a “neutral background”. A background will be considered to be neutral if the design is clearly discernable against it. The example of a garden or buildings depicted in the background is given – this is fine, as long as it does not impede the view of the design. The notice goes on to describe the procedure undertaken by the Office if an applicant initially provides an insufficient graphical representation with his application.
Not an acceptable graphical representation for CD purposes
The IPKat loves the pictures in the notice, but then, pictures in practice directives are always fun. Merpel says, IPKat, get a life.
Neutrality here, here and here