German design vs. EU design (Community design application): Difference design protection in Germany or design protection in Europe (EU)?

You are wondering whether you should file a German design or a EU design (Community design application), i.e. whether you should apply for design protection in Germany or design protection in Europe (EU)? Our German Patent and IP Law Firm with Patent Attorney (German Patent Lawyer, European Patent, Trademark and Design Attorney) and “design attorney” (German Certified IP Lawyer) will be happy to help you if you want to apply for a German design or a EU design or register a Community design and will also show you the differences and similarities.

• Protection options for 2D designs and 3D designs
• Protection requirements and protection obstacles almost identical
• Collective application for multiple designs possible
• No obligation to use
• Initial term of design registration: 5 years from filing date
• Maximum term of design registration: 25 years (extendable by 5 years at a time)

• Local scope of protection:

A German design is protected in the Federal Republic of Germany alone, whereas a EU design / Community design is protected in all member states of the European Union. The regional scope of protection of a EU design / Community design is therefore significantly larger than that of a German design and includes not only Germany, but also all other member states of the European Union. (Attention: Non-EU countries like Switzerland or Great Britain / United Kingdom / England are not covered. However, if you would like to register a Swiss design or register a design in England, we can also help you with this).

• Responsible Trademark Office or Patent and Trademark Office:

The competent Trademark Office or Patent and Trademark Office for a design protection in Germany (German design application) is the German Patent and Trademark Office in Munich (GPTO), while the European Union Intellectual Property Office in Alicante (EUIPO) is responsible for a EU design application.

• German Design Costs vs. EU Design Costs:

The official fees or costs for a German design or a German design application are lower than the official fees or costs of a EU design (Community design application), but the local scope of protection is also significantly smaller.

• Duration of design registration GPTO vs. duration of design registration EUIPO:

o Duration of German design registration at the GPTO: It often takes several months until the German Patent and Trademark Office registers a German design.

o Duration of design registration at EUIPO: It often only takes some days or a few weeks until the European Trademark Office / European Union Intellectual Property Office (EUIPO) registers a EU design.

→ A EU design (community design) is therefore usually registered much faster than a German design

It cannot be said per se whether a German design or a EU design is the better option. Rather, it always depends on the very case and the intended use of the design. If the design is to be used in other European countries in addition to Germany, a EU design is often recommendable.

Regardless of whether you ultimately want to apply for a German design or a EU design (Community design), design protection in Germany or Europe brings numerous advantages. Our Patent Attorney Law Firm and IP Law Firm has filed a large number of designs in Germany and Europe in recent years and will be happy to assist you with your design protection as well.