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Section 11

Application

(1) The application for registration of a design in the Register is to be filed with the German Patent and Trade Mark Office. The application may also be filed through a patent information centre if this agency has been designated to receive design applications on the basis of a notice published by the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazette.

(2) The application must contain:

1.  a request for registration,

2.  information identifying the applicant and

3.  a representation of the design which is suitable for publication.

Where a request is filed in accordance with section 21 (1) sentence 1, the representation can be replaced by a specimen of a two-dimensional design.

(3) The application must contain an indication of the products in which the design is intended to be incorporated or to which it is intended to be applied.

(4) The application must meet the other requirements for filing provided for by statutory instrument in accordance with section 26.

(5) In addition, the application may contain:

1.  a description explaining the representation,

2.  a request for deferment of publication of the representation in accordance with section 21 (1) sentence 1,

3.  a list of the class or classes of goods in which the design is to be classified,

4.  information regarding the designer or designers,

5.  information regarding a representative.

(6) The information as required by subsection (3) and subsection (5) no. 3 has no influence on the scope of protection of a registered design.

(7) The applicant may withdraw the application at any time.

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