Drawings and Models
- General
- Single or multiple applications
- Lifetime of the protection
- The EU community design
- Requirements for application
Drawings and Models
The Benelux Verdrag inzake de intellectuele eigendom (BVIE) is applicable on designs and models protecting the novelty and outward appearance of functional creations.
A ‘drawing’ is the pattern of a fabric, cloth or wallpaper, what is often called the motive or design. A drawing is two-dimensional. Not the drawing itself is protected but the creation that by means of the drawing obtains a new outward appearance.
A ‘Model’ is three-dimensional and can be the protected creation itself. The characteristic of novelty does not apply to 3-D models.
The creation resulting from the drawings or models must have distinctive characteristics compared to existing product. In addition the drawings, models or creations resulting from these may not be contrary to morality or public order.
Creations that have no functional purpose, such as a statue or a painting, cannot be considered for protection. This particular law neither protects strictly technical creations.
Single or multiple applications
You can use a single application if you wish to register a single product. For functional purposes the product may consist of multiple separate parts, which are interconnected but not detachable. The product must also be a ‘single selling unit’ in commercial trade. For example a desk lamp, perfume bottle with sprayer, a stool, a sofa with lamp, a sofa with built in vase, a car, a motorcycle with trailer, etc.
Lifetime of the protection
A Benelux registration has a life of 5 years that can be renewed in blocks of 5 years up to a maximum of 25 years.
The EU community design
The Organization for the Harmonization of the Internal Market was founded in 1996 and is headquartered in Alicante, Spain. It is now possible to apply for a Community design. This will grant you protection in all member states of the European Union. If however an objection is raised to your application in one country because (for example) earlier national rights exist, your application is not eligible for registration and you will not enjoy protection. Community Trademark Law does not replace national legislation of the 27 EU member states. National trademark laws remain in force.
Requirements for application
- Company’s name and legal entity or name of applicant (no initials), address (no postal box), postal code and place.
- Telephone number, fax number and an email address (if available)
A power-of-attorney since MerkEcht cannot act on your behalf without one at the Benelux drawings and models registrar. We will mail you a power-of-attorney.
(Photo) graphical images of the drawing or model in 3 copies. The images must be of good quality, taken on a neutral background and rectangular shaped at least 2 by 2 cm and maximum 16 by 24 cm. At least one image should give an overall view of the model. Other images should provide an upper, lower and frontal view. Clarifying remarks, marginal notes or technical indications are not acceptable. - Descriptions of the distinguishing characteristics if these are not obvious in the images.
Indication of colors, these need to be named individually (blue, yellow).
