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What is a design?
A design protects the external appearance of a product or a part thereof, which results in particular from the characteristics of the lines, contours, colors, shape, surface structure or the materials of the product itself or its ornamentation. Designs are particularly important for the creative design of products and their visual differentiation on the market. Both two-dimensional and three-dimensional forms of appearance - such as furniture, packaging, fashion articles, graphic symbols or surface decorations - can be protected.
Why a design?
A registered design offers numerous advantages:
- Protection of external appearance: the design protects the visual appearance of your product from imitation.
- Competitive advantage: A unique design can increase the recognizability of your products and strengthen your market position.
- Economic value: Designs can be licensed as intangible assets, sold or incorporated into cooperations.
Difference between design and other intellectual property rights
| Design | Trademark | Patent | |
| Subject matter of protection | Aesthetic design and external appearance of products | Signs such as words, images, colors, sounds to identify goods and services | Technical and chemical processes and products |
| Examination | No comprehensive examination, only formal examination for completeness of the documents | Examination for absolute grounds for refusal such as lack of distinctiveness or misleading information | Comprehensive official examination for novelty, inventive step and industrial applicability |
| Term | Maximum of 25 years, renewable at five-year intervals | Unlimited renewal by 10 years | Maximum of 20 years |
These differences make it clear that trademarks and designs cover different aspects of industrial property protection and each offer specific advantages. While trademarks focus on the distinctiveness and identity of goods and services, designs protect the aesthetic design and visual differentiation of products.
Protection requirements for designs
The following criteria must be met for a design to be eligible for protection:
- Novelty: The design must not have been published before the filing date. (However, the grace period in design protection allows the designer to publish a design up to 12 months before filing the application without losing protectability. However, the grace period does not apply in all countries worldwide, so particular caution is required in the case of international protection).
- Individual character: The design must differ in its overall impression from existing designs.
Important points before filing a design application
Before you register a design, you should consider the following steps:
- Design search: Check whether similar designs are already registered. Our team will be happy to assist you with your search in publicly accessible design registers.
- Representation of the design: The application to the German Patent and Trade Mark Office (DPMA) must contain a clear and complete representation of the design. This is decisive for the scope of protection.
- Costs and funding opportunities: Find out about the application fees and possible funding programs - our staff will also be happy to advise you on this.
Where do I register my design?
Applications for protection in Germany are filed with the German Patent and Trade Mark Office (DPMA). The term of protection is initially five years and can be extended to up to 25 years.
For Europe-wide protection, a European Union design can be registered with the European Union Intellectual Property Office (EUIPO). It offers uniform protection in all EU member states.
For international protection, the Hague Agreement is available, through which designs can be registered simultaneously in several countries via the World Intellectual Property Organization (WIPO). In contrast to a trademark, this does not require prior registration in a national country or in the EU.
Using design protection effectively
A registered design is not only a property right, but also a strategic instrument for positioning in the market. Since 01.05.2025, registered national and Union designs can be marked with a Ⓓ. The Patent Center Bavaria supports you with the following services so that you can use your design protection effectively:
- Design monitoring: Keep track of new design applications in your industry and identify potential conflicts at an early stage.
- Consulting and training: The Bavarian Patent Center offers individual consulting appointments and training on topics such as design searches, protection strategies and funding opportunities.
How can the Bavarian Patent Center help with design applications?
The Bavarian Patent Center offers a wide range of services to support you with your design application. Make an appointment for a free initial consultation on the topics of design protection, research and funding programs - or call us to find out more about our services.
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