The main thing is not the form, but the content - this statement is true, but not when it comes to industrial design. This object of intellectual property rights implies the appearance of the product or its part, which is determined, in particular, by lines, contours, color, shape, texture or material of the product, its decoration.
Industrial design can protect your rights to the designs of the car, the machine, elements of furniture, footwear, clothes, a headdress, ware, a doll, drawing of fabric, accessories, various gadgets, the musical instrument, sports stock, glasses, packing, cutlery, jewelry, website, interior, etc.
However, the registration of an industrial design requires its compliance with the criteria of protection, namely the industrial design must be new and have an individual character.
An industrial design shall be considered new if no identical industrial design has been previously made public. Industrial designs are considered to be identical if their essential features differ only in minor details.
In the process of establishing the novelty of the industrial design, Ukrainian Intellectual Property Institute takes into account any information that became publicly available before the date of application, and if priority is claimed, before the date of priority, including the content of all previously received applications, except those that are considered withdrawn on that date, revoked or a decision was made to refuse state registration of the industrial design and the possibility of appealing such decisions was exhausted.
An industrial design shall be deemed to have an individual character if the general impression it makes on an informed user differs from the general impression made on such user by any other industrial design communicated to the public.
Yaremchuk & Partners will assist you with the registration procedure of your industrial design, including preliminary legal advice and preparation of all necessary documents.