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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 nº1RCD 753843- Case nº2RCD604806– Case nº3 YES NO YES NO YES NO YES NO
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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 nº6Case nº7
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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 nº8RCD 1138317-0018 - Case nº4RCD 1138317-0048 - Case nº10 YES NO YES NO
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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
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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
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