Decide who owns the design
The owner of a design can be an individual, a team, a company, an association or a partnership. Where two or more people own interests in a design, they must apply jointly. However, if applying as a company, partnership or association, do not apply using a trading name or a trust. If the applicant is not the designer, an assignment from the designer to the applicant must be attached.
It is vital that clear images accompany the application and that nothing other than what the protection is to apply to is contained in the pictures. The pictures shall clearly show the design in its entirety and from different viewpoints. The protection rests on what can be seen in the pictures. Both drawings and photographs may be used. A separate fee shall be paid for each picture beyond the first one. Key points for pictures:
- Good quality pictures can prevent possible delays in the processing of applications.
- Each picture may show the product from only one viewpoint. The pictures must be suitable for printing in black and white; photocopies of photographs are in most cases unusable. Good photocopies of drawings, however, are accepted.
- When applying for protection of decorations, the image must show the decoration on the product in question.
- If applying for registration for more than one design (product) in the same application (multiple registrations), the images must be labelled with numbers, signifying which image belongs to which design.
- The overall appearance of the product and all its principal characteristics must be clearly indicated.
- The images shall show the final appearance of the product. Thus, working drawings (with dimensions) are not accepted. It is too late to submit a better picture after a design has been registered and a picture of it has appeared in the ELS Gazette.
There is no requirement for a specific number of views. However, an applicant must provide sufficient views to fully display their design, which usually requires a number of views. traditional views are preferred (front, side and top) but perspective or isometric views are also acceptable. All views must show exactly the same design. This particularly applies to colour, as colour is usually a visual feature of the design.
The Icelandic Intellectual Property Office classifies designs in accordance with the provisions of the Locarno Agreement on International Classification.
Multiple design application
In the case of goods intended for the same or similar use, where such goods are classified in the same category according to the Locarno Agreement Establishing and International Classification for Industrial Design, applications may be made for the protection of more than one design in the same application. If it is a multiple design application then each design should be clearly indicated, with each design shown on a separate sheet.
Sometimes a design is applied to a part of a complex product and that part can be readily assembled and disassembled from that product. If the component part qualifies as a product, then broader protection may be gained by defining this as a stand-alone part.
Keep in mind
After a design is filed, only very limited changes are allowed.
Keep a copy of all the documents (including the drawings).
Give each design a reference number or identifier to know them apart.
If a design gets registered, the protection given by registration takes effect from the priority date (usually the filing date).
An applicant can only claim that a design is registered once the applicant has received a certificate of registration. Do not assume that a design is registered when the application is filed.
Design is not legally enforceable until it has been registered, examined and certified.