What Do You Need For A Design Application In Austria? – Trademark

Designating designs

As we already noted in our blog article of 19 March 2024 (link), intellectual property covers more than
“just” trademarks. A design is particularly recommendable
if the external appearance of a product or part of it is to be
protected.

What does a design protect, and what doesn’t it
protect?

A design protects the appearance of a product (i.e. features of
industrial products that are perceptible to the eye), such as a
perfume bottle, a piece of furniture, a car or a belt buckle.
Two-dimensional objects, such as surface structures, can also be
protected by designs.

However, a design is not a patent. If you want to protect a
special function of your product, you may be better off applying
for a patent or utility model. In short: a design protects the
appearance of a product; a patent protects its technical
function.

What is necessary for a design application in Austria?

For a long time, the Austrian IP Office only accepted paper
applications, which were quite cumbersome. Although this option is
still available, it is now also possible to file design
applications using an online form.

If you wish to avoid the troubles of an office action, it is
necessary to observe the very specific requirements of the Austrian
IP Office with regard to the graphic representations submitted
together with the design application:

• 1 to 10 graphic representations may be submitted for a design
  application.




• Both photographs as well as drawings of the design are
  admissible.




• Although graphic representations can be filed in both black and
  white and in colour, if colour plays an important role in the
  protection of the design, it is recommended to file the graphic
  representations in colour. If mixed illustrations in black and
  white and in colour are filed in one design application, the office
  will assume that there are two different design applications. If a
  design is to be protected in different colours, a separate
  application needs to be filed for each colour. In this case, it may
  be advisable to make use of a multiple application that combines a
  number of designs.




• Technical drawings are not admissible for design
  applications.




• The graphic representations must show the design to be
  protected clearly and unambiguously against a neutral
  background.




• If the graphic representation contains figurative elements that
  are not part of the design and only serve to show the position of
  the design (e.g. bottle label, door handle, chair legs) on the
  object on which it is used, a clear visual indication (e.g. dashed
  lines) that no protection is sought for these elements is
  required.




• Descriptions or comments, for instance on the colour or size of
  the design shown, must not be included in the graphic
  representations. However, an explanatory description can be
  submitted separately.




• The Austrian IP Office does not require a
  specimen of the design. However, if you would like to submit one
  because you consider it necessary for the exact representation of
  your design, this is only possible in a paper application and in
  addition to at least one graphic representation. Certain
  requirements apply to both 3D samples (e.g. vases) and 2D samples
  (e.g. fabrics).

Alongside further formal requirements, a list of goods, in
accordance with the Locarno Agreement Establishing an International
Classification for Industrial Designs, must be submitted, and a fee
is payable.

In addition, the submitted design must not have been made public
longer than a year prior to filing the application, and no
third-party designs that produce the same overall impression must
be on the market. While the office does not examine these
attributes during the application process, the design might lack
validity if it does not meet these requirements.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.