United States of America and the Hague Agreement Concerning the International Registration of Industrial Designs – first HAGUE design already registered

On 13.02. 2015, the United States of America deposited its instrument of ratification to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”) with the International Bureau of World Intellectual Property Organization (“WIPO”). This marked the last step in the membership process for the United States to become a Member of the Hague Union. The treaty went into effect for the United States three months from the deposit date, on May 13, 2015.

The Hague system offers applicants increased filing efficiencies and potential cost savings in pursuing protection for their innovative industrial designs. As envisioned under the Geneva Act, the United States will continue to substantively examine design applications and to grant design rights in the form of U.S. design patents, whether the application is filed pursuant to the Hague Agreement or as a United States design patent application.

On April 2, 2015, the U.S. Patent and Trademark Office (“USPTO”) published its Final Rule on Changes to Implement the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”).

International Registration DM/086482 for a cosmetic applicator is one of the first such registrations to have designated the United States. The underlying application, is from 13.05.2015, designated two countries—the Republic of Korea and the United States.

The basis of the application is registered design of the European Union. The applicant is SCHWAN-STABILO COSMETICS GMBH & CO. KG, Schwanweg 1,90562 Heroldsberg (DE).

The product, protected by the design is: Cosmetics applicator

On April 26, 2016, the USPTO issued its notification for acceptance, making it the first international registered design in the US through the Hague system.

Aglika Ivanova
Attorney-at-Law
European Trade Mark Attorney
IP Consulting

United States of America and the Hague Agreement Concerning the International Registration of Industrial Designs - first HAGUE design already registered cosmetic applicator United States of America and the Hague Agreement Concerning the International Registration of Industrial Designs - first HAGUE design already registered cosmetic applicator