Design Novelty search

The novelty search service provides verification of the presence on the market, or in the official registers, of designs that are similar to or confusable with the one intended to be registered or used.

The design novelty search service is one of the services in the area of “Design Law“.

The novelty search service is requested prior to registering the design, but it is mainly requested in the event of allegations of infringement (letter of warning) to verify its validity or before placing a product on the market when there are concerns that it may infringe the rights of others.

WHO REQUESTS THE SERVICE

The novelty search service is requested before registering the design. The service is also requested in the event of allegations of infringement (so-called letter of warning) to verify their validity or before placing a product on the market when there are concerns that it may infringe the rights of others.
Specifically, customers who require the service are: 

  • Manufacturers, 
  • Importers,
  • Distributors of products;
  • Design and architectural firms;
  • Stylists and designers; 
  • Influencers; 
  • Illustrators; 
  • Tattooists; 
  • Graphic design and communication agency; 
  • Jewelry designers. 

The list is for illustrative purposes only.

SERVICE FEATURES

The service includes an opinion on novelty, based on available databases, and individual design distinctiveness as well as a Web research aimed at assessing the existence of relevant, unregistered designs that nonetheless enjoy protection. Through the use of key words representative of the design, product categories (according to the Locarno Classification), and lead developers, the service provides a way to verify that one’s design is new.  In addition, the service also includes consideration of unfair competition profiles.

Our service comprises: 

The searches and surveys of official databases on relevant prior designs; 

The research and investigation of major competitors in the relevant industry in order to assess the existence of unregistered designs;

The drafting of a relevant legal opinion on the legitimacy of the design to be registered/used.

The service is strongly recommended as it protects the design from the risk of allegations of infringement and, therefore, from having to withdraw a product from the market and/or facing the costs of legal proceedings due to interference with the previous design.

Processing time: 7 working days

ADVANTAGES

The Canella Camaiora Law Firm is highly qualified in the management and protection of industrial and intellectual property rights. The Law Firm is also highly qualified in the litigation peculiar to these matters (interlocutory and merits proceedings before specialized sections).

Our experience allows us to assist our clients in an accurate and prudent manner, minimizing the risks related to design disputes.

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