For both the German registered design and the European design, the representation is of paramount importance. This is because the scope of protection can only be derived from the representation as entered in the official register.
In order to arrive at a standardised assessment in this regard, the European Network for Trade Marks and Designs The company has defined and published a „common practice“ in order to further improve transparency, legal certainty and predictability.
Selection of views
It is generally recommended to use only one visual format, drawing or photograph, for the reproduction of a German registered design or European design (hereinafter referred to as design). If several reproductions of a design are used, each one must clearly and unambiguously refer to the same design.
It must be possible to draw the best possible conclusions about the often three-dimensional pattern from the two-dimensional representation in the register entry. For this purpose, a perspective view that allows all features to be recognised is preferable, whereby a supplement with further views from different sides or detailed views of the design often has a beneficial effect on the perception of the design. The entire product must be visible in at least one view. A single enlarged view as a detailed view is permissible, provided that the enlarged part is already recognisable on one of the other views.
Variable patterns
An important clarification also concerned the presentation of designs with alternating positions. The views showing the various configurations or positions must be displayed individually. Exploded views or a sectioned representation are also possible. However, it is a prerequisite that the disassembled or sectioned state also occurs or is visible during the intended use. The exploded views and the cutaway view must be combined with at least one view showing the product in its assembled or uncut state. The parts of the product must be shown in disassembled condition on a separate individual view in close proximity and in the order of assembly.
Snapshots
One Short sequence of views can be used as snapshots to display a single animated pattern at different points in its course. This applies, for example, to an animated symbol.
Background and lighting effects
It is also important to have an essentially single-colour background, against which the colours of the pattern stand out. The contrast is insufficient if the colours of the background and the design are similar. Shadows or reflections are inadmissible if the feature of the design to be protected cannot be clearly determined in one of the submitted views as a result.
Visual disclaimer
Preference is given to graphic or photographic representations that exclusively show the claimed design. Sometimes, however, it is necessary to depict a product of which only a part is to be protected as a design. In the interest of clear recognisability however, it is advantageous to show the entire product. For this purpose, however, it is necessary to clarify by means of a so-called visual disclaimer that the entire product is not covered by design protection.
For the visual waiver Dotted lines should be preferred for the representation of non-protected elements, unless dashed lines already have a different meaning (e.g. as seams) or cannot be used for photographic representation. Alternatively Colour shades or Blurring in question. The features for which no protection is sought should then be shown in a different colour, with a different intensity or blurred so that they are barely recognisable. Delimitations can be used as a further alternative. The features for which protection is sought must then be clearly shown within the boundary.
Author: Hans-Peter Gottfried (Patent Attorney, Dresden)
