10 th liaison meeting on designs disclaimers dimitrios andrianopoulos designs service, ohim...
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1010thth Liaison Meeting on Designs Liaison Meeting on Designs
DISCLAIMERS
Dimitrios Andrianopoulos
Designs Service, OHIM
Alicante, 21 November 2011
Examination Guidelines 11.4
The representation of a design should be limited to the features for which protection is sought. However, the representations may comprise other elements that help identify the features of a design for which protection is sought.
In an application for registration of a Community design the following identifiers are allowed: 1. Dotted lines may be used in a view either to indicate the elements for which no protection is sought or to indicate portions of the design which are not visible in that particular view, i.e. non-visible lines. Therefore, dotted lines identify elements which are not part of the view in which they are used.2. Boundaries may be used to surround features of the design for which protection is sought.3. Colouring, colour shading or blurring may be used to highlight the features of the design for which protection is sought.
RCD 30606-0005
RCD 1257968-0002
Dotted lines
001938002-0001
RCD 1282545-0001
RCD 1282545-0004
Dotted lines
RCD 412812-0002
RCD 294616-0001
Not a disclaimer
RCD 412812-0001
Boundaries
RCD 919592-0001
RCD 164611-0004
RCD 1873688-0003
RCD 1873688-0002
The boundary is an explanatory element that must be removed according to Art. 4(1)(c) CDIR
Not a disclaimer
RCD 777271-0001INDP: “mugs”
RCD 229752-0001
RCD 505649-0001
RCD 220405-0003
Colouring/Colour shading
RCD 1880592
Colouring/Colour shading
RCD 725148-0001/0002
INDP: Pockets and
ornamentation for pockets
Not a disclaimer
RCD 1792623
Blurring
RCD 01760307-0006RCD 222120-0002
RCD 244520-0002
Blurring
RCD 1195630 -0001
Blurring
RCD 1642836-0001
INDP: “Bottle holder”
RCD 1642836-0002
RCD 1936188-0001INDP: “portion of a table top”
Decisions of the Board of Appeal
Gordon Humphreys
Board of Appeal, OHIM
Board of Appeal
Contested RCD
Prior Design
DECISION OF 24 JANUARY 2011 – R 91/2010-3 – BATH TUBS
Board of Appeal 2010-3 – Part of a sanitary napkin
D468, 426:D468, 425:
Registered Community Design
US patent designs
Information: (+ 34) 965 139 100 (switchboard)
(+ 34) 965 139 400 (e-business technical incidents)
(+ 34) 965 131 344 (main fax)
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THANK YOU.