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Designs and models
Depending on the country where a company is going to use and protect a design/model, three types of filing are possible.
National Design/Model
A design/model is protected only in the country where the relevant application is filed, and it is supervised by the competent National Office.
In Italy, the filing of a design/model is supervised by the Italian Patent and Trademark Office (UIBM).
EU Design/Model
This kind of filing provides a design/model with protection in all of the 28 Member States of the European Union; in case of enlargement of the European Union, the protection will automatically be extended to the territories of new Member States.
Registration applications must be submitted only electronically to the European Union Intellectual Property Office (EUIPO) based in Alicante (Spain). In order to file an EU trademark, it is not necessary that an identical national trademark has been previously filed.
International Design/Model
An international design/model is protected in one or more Hague System Signatory Countries .
The registration procedure (Hague System) is managed by the World Intellectual Property Organization (WIPO) based in Geneva.
The Hague System allows to:
- Obtain an international registration that is recognized in various countries, both European and non-European;
- Submit the application in a single language (English or French);
- Pay the required fees in a single currency (Swiss Currency);
- Apply to protect up to a maximum of 100 designs/models via one application only (multiple model), provided that they fall within the same class;
- Modify or extend a registration by submitting one application only.
In order to file an International Design/Model it is not necessary for an identical National Design/Model to have been been previously filed. Furthermore, the protection of the trademark in countries that are not part of the Madrid Union can be obtained by filing the trademark in each country of interest, following the procedure required by each competent National Office, using the language and paying the fee established by national laws.
Priority
Within 6 months from the filing date in one of the Member States of the Paris Convention, the holder can file the same application in one or more other Member States of the Convention. After 6 months, it is still possible to extend the protection outside national borders, but not to claim priority on the design/model.