From March to September 2016 the team is joined by Guest Kats Emma Perot and Mike Mireles.

From April to September 2016 the team is also joined by InternKats Eleanor Wilson and Nick Smallwood.

Sunday, 5 June 2005


The IPKat has come across this charming Practice Notice from OHIM defining just what can and cannot be protected as a Community design. In most instances, the guiding principle is whether the type of feature in question constitutes the appearance of a product, though in some cases it is whether the feature constitutes a finished product or a indeed whether it will be seen as a product at all. The features discussed in the Practice Notice are:

*colour per se – not a design (though colour can be an element of a design)
*fragrances – not a design because not part of the appearance of a product
*mere words in plain black script – not a design
*words in fancy script/combined with a figurative element – can be a design
*music and sounds – not a design
*musical notation – can be a design if applied for for e.g. other printed matter
*living plants – not a design because living (as opposed to artificial plants) aren’t seen as products
*blueprints/architectural plans/interior or landscape designs – not a design for the building/landscape etc. in which the design is intended to be incorporated because CDs must consist of finished products but plans can be designs for themselves
* photographs can be a design.

Colour per se – not capable of being protected as a CD

The IPKat says that it’s interesting that what’s hard to protect as a CTM is also hard to protect as a Community design. Merpel says that she highly recommends the pictures of accepted and rejected CD applicants in the Practice Note.

Good design here and here

No comments:

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':