General advice, prosecution and actions before design offices:
Spanish and Community design applications
Oppositions to Spanish designs
Revocation of Community designs
Advice about protection as Unregistered Community designs
Recordation of assignments and licenses
Dispute advice and litigation:
Dispute assessment and advice about resolution strategies
Drafting and answering cease and desist letters
Out-of-Court settlement negotiations and drafting of agreements
Litigation before the Spanish Courts acting on behalf of plaintiff or defendant in all sorts of proceedings concerning design rights, such as:
Registered and Unregistered design infringement
Revocation of Spanish designs
Disputes about design ownership
Court appeals from Spanish PTO decisions
Appeals to the General Court of the European Union from Community Designs Office decisions
Inter-Alia’s Spanish and Community designs application service includes for a single charge:
Filing of application
Reporting registration or refusal with advice about appeals
Reporting oppositions (Spanish designs) with assessment and price quotation for each possible resolution option
Sending renewal notices
QUICK POINTS ABOUT DESIGNS
Spanish and Community designs are examined and registered within days of a correctly-filed application.
Multiple-design applications are allowed.
The Community design is the choice of foreign applicants, because the difference in the amount of office fees (a 10-design application costs €63,68 for each design in Spain an €350 for the first design and €175 for the rest in the EU) is made up by the Community design’s much wider territorial scope.
It is important to understand the interplay between registered and unregistered designs: The first disclosure of the design is the starting point for the grace period and for the protection as unregistered community design. This first disclosure may occur outside or inside the EU. The test is whether it is apt to be known by specialist circles in the trade. Within one year from first disclosure, designer can validly register his design (grace period). If he decides not to register, there will be a further two year’s term of protection as unregistered design in the territory of the EU.
Unregistered designs do not protect against designs created independently by third parties and there may be practical problems in substantiating the entitlement to design and its first disclosure which make it advisable to register, before disclosure or within the grace period, if there are reasonable commercial chances for the design.
C/ Fernando de la Peña 29 37005 Salamanca (Spain) Tels. 923091001 616759990 email@example.com www.interalia-ip.eu