Design Law: Protecting Your Product Design Throughout Germany

A registered design protects the external appearance of a product, i.e., the two- or three-dimensional visual form. It is registered with the German Patent and Trademark Office (DPMA) or as an EU design (Registered European Union Design – REUD) with the EUIPO and grants the owner an exclusive right of use for up to 25 years.

In contrast, copyright protects artistic creations that reach a certain level of originality. Copyright arises automatically without registration. Both rights can coexist, although design rights are often easier to enforce in practice because they are based on a registration.

A design must meet two key requirements: novelty and individual character. A design is novel if no identical design has been disclosed before the filing date. Individual character exists when the overall impression of the design differs from the overall impression that other designs produce on the informed user.

Excluded from design protection are technically determined designs, features necessary for mechanical connections, as well as designs that violate public policy or morality. The assessment of protectability should be reviewed before filing.

DPMA: Single application €60 (electronic) or €70 (paper). Multiple application up to 100 designs: €6 per design (electronic; min. €60) or €7 per design (paper; min. €70). Renewal every 5 years; optional deferment of publication for an additional fee.

EUIPO (since 1 May 2025 – EU Design Reform): €350 for the first design; €125 per additional design in a multiple application (combined filing/publication fee). Optional deferment of publication (up to 30 months): €40 (first design) / €20 per additional design. Attorney fees depend on the scope of work and are agreed transparently.

Stay calm and don’t react hastily. Do not sign any undertaking before the validity of the warning has been examined by an attorney. Many cease-and-desist letters are unjustified or excessive.

Have the letter reviewed immediately: validity of the design, scope of protection, actual infringement, reasonableness of claims. Often, claims can be defended or costs significantly reduced. Strictly observe deadlines.

With a registered design, you can take action against imitators: warning letter, injunction, information, damages, and possibly destruction/recall of infringing products.

In urgent cases (e.g., trade fair offers), a preliminary injunction is possible. Even without registration, protection under unfair competition law or copyright may be available.

A German design protects in Germany and is cost-effective. The EU design protects in all 27 EU Member States and is usually advisable as soon as you sell cross-border (e.g., Amazon/eBay, own shop).

Important: The EU design provides uniform protection against infringing products in the EU. For genuine original goods put on the EEA market by the right holder or with consent, exhaustion regularly applies – design rights cannot be enforced against those goods.

Design disputes are heard before regional courts (many with specialized chambers, e.g., Düsseldorf, Hamburg, Munich, Cologne). The claim typically includes image comparisons; common defenses are invalidity of the design and/or non-infringement.

The court examines validity, scope of protection, and infringement (overall impression). In parallel, invalidity proceedings may be conducted before the DPMA (German design) or EUIPO (EU design). First instance typically 12–24 months.

Costs depend on the value in dispute and the type of proceedings. Out-of-court, attorney fees under the RVG regularly apply (recoverable in the event of a justified warning letter). In court: court costs and attorney fees for both parties; the losing party generally bears the costs. Legal expenses insurance may cover costs.

Yes. The unregistered EU design (UEUD) protects for three years from first disclosure in the EU. Caution: protection only against intentional copying, not against independent parallel developments. Proof (disclosure, knowledge of the infringer) is significantly more difficult than with registered designs. Suitable for short-lived products/fast launches.