10 th Liaison Meeting on Designs DISCLAIMERS Dimitrios Andrianopoulos Designs Service, OHIM Alicante, 21 November 2011

Examination Guidelines 11.4 The representation of a design should be limited to the features for which protection is sought. However, the representations may comprise other elements that help identify the features of a design for which protection is sought. In an application for registration of a Community design the following identifiers are allowed: 1. Dotted lines may be used in a view either to indicate the elements for which no protection is sought or to indicate portions of the design which are not visible in that particular view, i.e. non- visible lines. Therefore, dotted lines identify elements which are not part of the view in which they are used. 2. Boundaries may be used to surround features of the design for which protection is sought. 3. Colouring, colour shading or blurring may be used to highlight the features of the design for which protection is sought.

RCD RCD Dotted lines

RCD RCD Dotted lines

RCD RCD Not a disclaimer RCD

Boundaries RCD RCD RCD RCD

The boundary is an explanatory element that must be removed according to Art. 4(1)(c) CDIR Not a disclaimer RCD INDP: mugs

RCD RCD RCD Colouring/Colour shading

RCD Colouring/Colour shading

RCD /0002 INDP: Pockets and ornamentation for pockets Not a disclaimer

RCD Blurring

RCD RCD RCD Blurring

RCD Blurring

RCD INDP: Bottle holder

RCD

RCD INDP: portion of a table top

Decisions of the Board of Appeal Gordon Humphreys Board of Appeal, OHIM

Board of Appeal Contested RCD Prior Design DECISION OF 24 JANUARY 2011 – R 91/ – BATH TUBS

Board of Appeal – Part of a sanitary napkin D468, 426: D468, 425: Registered Community Design US patent designs

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