Ukrainian Industrial Designs | Guide

What is an Industrial Design?

Industrial Design is the result of a person's intellectual, creative activity in the field of artistic design embodied in a product, which does not contradict public order, generally recognized principles of morality and meets the criteria of security.

An industrial design can be features of the appearance of the product or its parts, which are determined, in particular, by lines, contours, color, shape, texture and/or material of the product, and/or its decoration, and are not determined solely by its technical functions.

An industrial sample must be an object of stable form. It should not consist of liquid, gaseous, loose or similar substances.

An industrial design meets the criteria for security if:

• it is new; and
• has an individual character.

Exclusive property rights to a registered Industrial Design arise and are protected by the state from the moment of filing an application for an industrial design and are valid for 5 years with the possibility of extension for one or more five-year terms - up to 25 years in total.

The Rights to an Invention (utility model) are protected only in the country where the Industrial Design is registered. That is, you need to register in the country or countries where you want to get protection.

Examples of products whose features can be registered as Industrial Designs:

• The Appearance of Food Products - bakery products, sweets, pasta products, chocolate, candies, ice cream, cheese and other dairy products, meat and fish products, animal feed, etc.;
• Travel Items and Personal Accessories - suitcases, briefcases, women's bags, key rings, cases, umbrellas, canes, etc.;
• Brushes and Cleaning Products, etc.;
• Textile Products Sold to Measure - yarn, lace, embroidered products, ribbons, textile fabrics, wallpaper, linoleum, wrapping materials, etc.;
• Household Items - plates, bowls, cans, jars, kettles, vases, cups, mugs, glasses, ice containers, nipples for feeding, teapots, pans, skewers, trays, waffle irons, toasters, ladles, pans, molds, microwave stoves, grills, spoons, forks, knives, spatulas, vegetable peelers, coffee grinders, graters, irons, basins, sponges, rags, openers, canning knives, bread boxes, accessories for fireplaces, stands, holders, thermoses, warmers, watering cans, etc.;
• Clocks and other measuring, checking and signaling devices;
• Equipment for the Production, Distribution or Conversion of Electricity — generators, engines, transformers, batteries, solar batteries, accumulators, etc.;
• Equipment for Recording, Telecommunications or Data Processing - displays, icons, devices for storing and recording data, etc.;
• Pumps, compressors, construction machines, mining machines, washing machines, dishwashers, refrigerators, textile, sewing, knitting and embroidery machines, machine tools, filling and packing machines, etc.;
• Photo and film equipment, optical devices;
• Musical Instruments;
• Printing and stationery machines;
• Trade and advertising equipment, signs, signs, exhibition and trade equipment, vending machines, etc.;
• Equipment for distribution of liquids and gases, sanitary, heating, ventilation and air conditioning equipment, solid fuel;
• Medical and laboratory equipment, prosthetic products, medical instruments;
• Building blocks and building elements;
• Tobacco, cigars, cigarettes, pipes, mouthpieces, ashtrays, matches, cigarette cases, electronic cigarettes, etc.;
• Pharmaceutical products in the form of capsules, pills, cosmetic products, cosmetic cabinet accessories;
• Fire-fighting devices and equipment, devices and equipment for safety and rescue;
• Items for the care and maintenance of animals - clothing for animals, pens, cages, booths, feeders, beds, nests, furniture for animals, toys for animals, etc.;
• Machines and devices for preparing food or drinks;
• Graphic images, symbols, logos, textured patterns, ornaments, elements of interiors and exteriors.

What is an Industrial Design Certificate

Industrial Design Certificate is a protective document certifying the existence of intellectual property rights for solutions in the field of artistic design, which is determined by data entered in the State register.

The Certificate is a document of the prescribed form. It is issued by a specially authorized State Body in the field of Intellectual Property.

Industrial Design Certificate is the object of desire and pride of any designer, constructor, artist, it is an opportunity to earn, invest, enter a new market, optimize taxation.

The scope of rights under the industrial design certificate is determined by the images of the industrial design and certain features.

DESTRA Patent Law Firm takes care of ensuring the maximum amount of intellectual property protection, therefore it responsibly approaches the formulation of the signs of an industrial design when preparing an application.

3. Why Register Industrial Designs

1. Obtain a monopoly on the Market — that is, to obtain the exclusive right to produce products, eliminate competitors by obtaining the exclusive right to use, the right to prohibit use and the right to allow use (sell a license).

2. The possibility of avoiding problems in case of registration of a similar solution by another person — competitors can conduct developments in the same field, and someone can get registration earlier.

3. Capitalization of the Enterprise — increasing the value of the enterprise by evaluating and placing the asset on the balance sheet.

4. The possibility of receiving remuneration by the Author - the author can receive a bonus from the employer or issue a license to use the industrial design and receive remuneration in the form of royalties.

5. Reputational benefits, popularity, satisfaction of non-material needs - an individual can obtain a certificate for an industrial design to indicate it in a dissertation, resume, include in a portfolio; a legal entity can use a certificate for an industrial design to support reputation, advertising, and increase goodwill.

6. The possibility of optimizing taxation — lowering the tax base by putting the object of intellectual property on the balance sheet and charging depreciation; the possibility of paying money to the manager and the founder in the form of royalties (with the calculation of personal income tax without VAT); transfer of royalties abroad (tax on repatriation of income does not arise if the object of intellectual property is registered to a foreign entity from the very beginning).

7. The possibility of involving international procedures for registration in other countries. — receiving priority according to the date of submission of the Ukrainian application (the international application is submitted within 12 months).

8. Advertising as a result of the publication of data on the registration of an industrial design — the possibility of conveying information to those who want to purchase rights (license), as well as those who should be warned (Potential competitors)

Cost of trademark registration in Ukraine

Trademark registration is a multi-stage process of building up the scope of trademark protection based on customer needs.

Within each of the stages, we provide a certain amount of services that meets your needs and budget; at most stages, the payment of state fees and customs duties is expected.

The final cost of trademark registration depends on the list of our services you order and the scope of trademark protection (number of classes).