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 Case nº1RCD Case nº2RCD604806– 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 Case nº6Case 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 Case nº8RCD Case nº4RCD 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 nº11Case nº12Case 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