Reasons for a design search
Prior to application it is essential to check:
- whether your design fulfils the “novelty” and “individual character” requirements for protection
- for possible infringement of existing rights, that is, whether identical or similar designs have already been registered.
When you file your application, the German Patent and Trade Mark Office does not examine the novelty and individual character of your design. The requirements for protection will only be examined in opposition proceedings before the DPMA or in infringement proceedings before a court.
Searches for existing designs
Carrying out a search for existing designs is similar to a prior art search in the case of a patent. It should provide you with an overview of designs which have already been published and protected
Owner search
This type of search is used to find the names of companies and persons who are listed as applicants, owners, designers or representatives in relation to the design in question.
Design legal status/Design legal status search
A design legal status search should be carried out in order to avoid the registration of a design which infringes a design which is already registered. This is a law-related search. The task in this case is to check for existing, valid IP rights. If the design is still valid, i.e. in force, it is final. It is also possible to search here for when a design expires and in which countries it is registered. And the extent of its territorial rights. At the same time, of course, this search reveals the owner.
What kind of data do we search for on your behalf?
The search specialists at the Patent and Trademark Centre Rhine-Main search as follows:
- We compare all registered designs with your design proposal.
- We identify identical and similar designs.
- You receive a short report stating the respective entry in the register.
- Searches are carried out for German, IR and Community designs.
- For some countries it is possible to search for protected national designs.
Keeping an eye on the competition
Design monitoring helps you to react early to changes on the market and also to spot new trends and developments. Consequently, you can prevent your design being copied and preserve its unique character. We use design monitoring to keep track of a product or competitor on your behalf. If you wish, we can provide you with a monthly report.
