In this report I would like to give an account of the experiences we had, in particular the interesting aspects, when filing our first design application in Europe.
First of all, I would like to show these pictures of OHIM (Office for Harmonization in the Internal Market) and the cityscape of Alicante (Spain) where OHIM is located and give a simple explanation about what happened.
View of Santa Barbara Castle
View of Santa Barbara CastleThe Europe Community Design System is a unified set of regulations that covers the whole European Community and is a relatively new system that came into effect on April first 2003.
In this design system, there are two different systems. One is an Unregistered Community Design System in which the design right is protected within the public domain of the whole European Community for a period of three years from the effective date that a design is used even without following registration procedures.
The other system is a Registered Community Design System which is able to provide protection of the design right for five years after the application has been made. It is based on a registered procedure (effective for a maximum of 25 years if renewed).
The application system for registered designs in the Registered Community Design system started on April first 2003. So the application date should be from April first 2003 but the actual reception of applications started on January first 2003.
In this design system, there are two different systems. One is an Unregistered Community Design System in which the design right is protected within the public domain of the whole European Community for a period of three years from the effective date that a design is used even without following registration procedures.
The other system is a Registered Community Design System which is able to provide protection of the design right for five years after the application has been made. It is based on a registered procedure (effective for a maximum of 25 years if renewed).
The application system for registered designs in the Registered Community Design system started on April first 2003. So the application date should be from April first 2003 but the actual reception of applications started on January first 2003.
View of the Outside of OHIMOn the request of our client, we made preparations to obtain the first application number that would represent the commemoration of being the first to apply to this new system. We gave up our New Year's holiday, and went to OHIM in Alicante, Spain, to follow the application procedures.As there was no direct flight from Japan to Alicante, we had to make two transfers before arriving in Alicante. This meant that we ended up spending the whole day traveling. We looked enviably at the people who were gathering for the countdown to the New Year and were in a fluster as we couldn’t get a taxi to go to OHIM. But with the cooperation of the local agent, we could file the application form at the very moment it became January first 2003.
View of the Outside of OHIM
View of Santa Barbara Castle
View of Santa Barbara CastleAlthough we dropped our application into the special post box which was installed outside the OHIM building, when the other applicants who were also aiming to get the first application like us saw us putting our application in the box they decided to send their applications by fax.
View from Santa Barbara CastleWhich would be the real first application was in the hands of OHIM. We felt nervous as we were waiting for the result. Fortunately, we were lucky enough to obtain the first application.
In this regard, although we had a hard time from the preparation period, we were honored to have our client obtain the first application for the new system in Europe and were able to deal with all these procedures.
In this regard, although we had a hard time from the preparation period, we were honored to have our client obtain the first application for the new system in Europe and were able to deal with all these procedures.
View from Santa Barbara Castle
Finally, we would like to express our appreciation to our client who gave us this special request, and to the local agent, Mr. David Musker,
(http://www.jenkins-ip.com/peop/partner/d_musker.htm !!Broken link) for his great assistance.