When Is A Blueprint Non A Design?

has come upward across this charming Practice Notice from OHIM defining simply what tin as well as cannot move protected equally a Community design. In nigh instances, the guiding regulation is whether the type of characteristic inwards enquiry constitutes the appearance of a product, though inwards to a greater extent than or less cases it is whether the characteristic constitutes a finished production or a indeed whether it volition move seen equally a production at all. The features discussed inwards the Practice Notice are:

*colour per se – non a designing (though color tin move an chemical cistron of a design)
*fragrances – non a designing because non utilisation of the appearance of a product
*mere words inwards apparently dark script – non a design
*words inwards fancy script/combined alongside a figurative chemical cistron – tin move a design
*music as well as sounds – non a design
*musical notation – tin move a designing if applied for for e.g. other printed matter
*living plants – non a designing because living (as opposed to artificial plants) aren’t seen equally products
*blueprints/architectural plans/interior or landscape designs – non a designing for the building/landscape etc. inwards which the designing is intended to move incorporated because CDs must consist of finished products but plans tin move designs for themselves
* photographs tin move a design.

Colour per se – non capable of beingness protected equally a CD

says that it’s interesting that what’s difficult to protect equally a CTM is too difficult to protect equally a Community design. Merpel says that she highly recommends the pictures of accepted as well as rejected CD applicants inwards the Practice Note.

Good designing here as well as here