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Industrial Design
The Industrial Design (DI) these applications were previously considered similar as a patent procedure, but it is now subject to a special treatment by Law 9279/97. The Industrial Design is the “plastic shape” of an object or its ornamental lines and colors as a whole, and whose external appearance results in a new and original visual format or aspect. It will be applicable only to one object, which will be able to contain a certain number of variations (within the same feature) and which shall allows its industrial manufacture.
The Industrial Design procedures are different from the patent applications, because it does not have a period of confidentiality and it is not subject to a formal Technical Examination (except when requested by the owner at any time). It is granted for 10 years and can be extended for equal periods of 5 (five) years up to a total of 25 years.
In some cases, the Industrial Design has a visual aspect so differentiated and unique that it functions as a true trademark and can, in such cases, be registered as a “three-dimensional trademark”. Whereas as a trademark the extension of the registration can be indefinite, this procedure represents an additional protection for the same product.
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