Office for Harmonization in the Internal Market (Trade Marks and Designs)

Practice with regard to Meaning and Definition of Get-Up (1/2)

1. Is there a definition of GET UP in your organisation, available to Designs Examiners?

2. If answer to Q nº1 = Yes: where can this definition be found (law, ghuidelines, practice) ?

3. Can the following be considered as "Get-Up"

RCD 521760 - Case nº1 RCD 753843- Case nº2 RCD604806– Case nº3

YES

NO

YES

NO

YES

NO

YES

NO

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Practice with regard to Meaning and Definition of Get-Up (1/2)

3. Can the following be considered as "Get-Up"

YES

NO

YES

NO

YES

NO

"product + packaging" package:

Objects placed together in a way that makes it a natural unity for trade and Commerce

YES

NO

Case nº4 Case nº5

RCD 1018378-0001 - Case nº6 Case nº7

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Practice with regard to Meaning and Definition of Get-Up (2/2)4. Should Get-Up of a product be registrable, the product must comply with the definition of the Design?

YES

NO

RCD 1138317-0006 - Case nº8 RCD 1138317-0018 - Case nº4 RCD 1138317-0048 - Case nº10

YES

NO

YES

NO

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Practice with regard to Meaning and Definition of Get-Up (2/2)

5. Can the following be considered as "packaging" designs? (same images)

YES

NO

Case nº11 Case nº12 Case nº13

YES

NO

YES

NO

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Practice with regard to Meaning and Definition of Get-Up (1/2)

6. Is "Get-Up":

registrable?

clear regarding its scope of protection?

clear regarding its indication of the product?

clear regarding its classification?

YES

NO

YES

NO

YES

NO

YES

NO

7. Should Get-Up of a product be registrable, the product must comply with the definition of the Design?

YES

NO