File before “instagramming”!

[20/10/2022]

A design for sneakers filed by PUMA with the EUIPO in 2016 was invalidated for lack of novelty and individual character because it had been disclosed before the start of the twelve-month period preceding its filing.

In this case, the Office considered that a picture of Rihanna wearing a pair of those same shoes posted on her Instagram account in 2014 which received more than 300 000 likes, constitutes solid evidence of effective and sufficient disclosure of the prior design, which destroys novelty.

This case highlights the absolute need to file your designs before any communication to the public and, in particular, on social networks.