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Use Form D-VH to register an original design of a vessel hull that makes the hull

attractive or distinctive in appearance to the purchasing or using public. A vessel

hull includes the design of a plug or mold used to manufacture the vessel hull.

definition

A “vessel” is a craft designed to navigate on water, but does not include any

such craft that exceeds 200 feet in length. A “hull” is the frame or body of a

vessel, including the deck of a vessel, exclusive of masts, sails, yards, and rig-

ging. A “plug” is a device or model used to make a mold for the purpose of

exact duplication, regardless of whether the device or model has an intrinsic

utilitarian function that is not only to portray the appearance of the product

or to convey information. A “mold” is a matrix or form in which a substance

for material is used, regardless of whether the matrix or form has an intrinsic

utilitarian function that is not only to portray the appearance of the product

or to convey information.

design protection

Design protection for vessel hulls is available only for original designs that are

embodied in an actual vessel hull: no protection is available for designs that

exist only in models, drawings, or representations. Staple or commonplace

designs, such as a standard geometric ﬁgure, a familiar symbol, an emblem, or

a motif, or another shape, pattern, or conﬁguration that has become standard,

common, prevalent, or ordinary, are not protected. Designs that differ from

staple or commonplace designs only in insigniﬁcant details or in elements that

are variants commonly used in the relevant trades are also not protectible. De-

signs that are embodied in a vessel hull that were made public by the designer

or owner in the United States or a foreign country more than two years before

the date of this application are also not eligible for protection. Finally, no pro-

tection is available for designs that were made public prior to October 28, 1998.

Design protection afforded under chapter 13 of title 17, United States Code,

commences upon publication of the registration by the Copyright Ofﬁce, or

upon the date the design is ﬁrst made public, whichever date is earlier. Design

protection is for a period of 10 years, terminating at the end of the calendar

year in which the 10-year period expires.

drawings or photographs to accompany application

The drawings or photographs of the design are a critical element of a design

protection application. Because the drawings or photographs constitute the

entire visual disclosure of the design, it is of the utmost importance that they

be clear and complete, and that they include a sufﬁcient number of views so

that the appearance of the design is adequately shown. All drawings or photo-

graphs must be submitted on plain white, 8 ½ × 11" unruled paper. Such paper

should be flexible, strong, smooth, non-shiny, and durable. All sheets must be

free from cracks, creases, and folds. Only one side of a sheet may be used for

drawings or photographs.

important note:

Because the certiﬁcate of registration requires repro-

duction of the drawings or photographs of the design, a charge per sheet

of depictions of the design, beyond three pages, is required in addition to

the basic application fee.

the views

The drawings or photographs should contain a sufﬁcient number of views

to disclose completely the appearance of the design, i.e. front, rear, right and

left sides, top and bottom. While not required, it is suggested that perspective

views be submitted to show clearly the appearance and shape of 3-dimensional

designs. No more than two drawings or photographs of the design may appear

on a single sheet. In addition, no combinations of drawings and photographs

may be submitted on a single sheet.

It is extremely important that the drawings or photographs that accompany

the application reveal all aspects of the design for which protection is claimed.

The registration extends only to those aspects of the design that are adequately

shown in the drawings or photographs.

drawings

Drawings are required to be in black ink on white 8 ½" × 11" unruled paper. A

drawing of a design should be provided with appropriate surface shading that

shows clearly the character and contour of all surfaces of any 3-dimensional

aspects of the design. Surface shading is also necessary to distinguish between

any open and solid areas of the design. Solid black surface shading is not per-

mitted except when used to represent the black color as well as color contrast.

The use of broken lines in drawings depicting the design is understood to

be for illustrative purposes only and forms no part of the claimed design.

Structure that is not part of the design, but that is considered necessary to show

the environment in which the design is used, may be represented in the draw-

ing by broken lines. This includes any portion of the vessel hull in which the

design is embodied or applied that is not considered part of the design. When

the claimed design is only surface ornamentation to the vessel hull, the vessel

hull in which it is embodied must be shown in broken lines.

In general, when broken lines are used, they should not intrude upon or

cross the image of the design and should not be of heavier weight than the lines

used in depicting the design. Where a broken line depiction of environmental

structure must necessarily cross or intrude upon the representation of the

design and obscures a clear understanding of the design, such an illustration

should be included as a separate ﬁgure, in addition to other ﬁgures that fully

disclose the subject matter of the design.

photographs

The Copyright Ofﬁce will accept high quality black and white or color photo-

graphs provided that they are mounted on plain white 8½

11" unlined paper,

not to exceed two photographs per sheet. Photographs must be developed on

double weight photographic paper and must be of sufﬁcient quality so that all

the details of the design are plainly visible and are capable of reproduction on

the registration certiﬁcate, if issued.

design protection different from

Although design protection and copyright protection under title 17 of the Unit-

ed States Code are both administered by the Register of Copyrights, they are

not identical. Design protection differs signiﬁcantly in most respects, including

term of protection, ownership, eligibility, scope of protection, and registration

procedures. While some designs that are eligible for design protection may

also be eligible for copyright protection, design registration does not include a

design protection not available for patented designs

Design protection under chapter 13 of title 17 United States Code, is not avail-

able, and registration may not be made, for designs that have received patent

protection under title 35 of the United States Code.

for forms or information

For information, write to Library of Congress, U.S. Copyright Ofﬁce–COPUBS,

101 Independence Avenue SE, Washington,

DC 20559, call (202) 707-3000 or

1-877-476-0778 (toll free), or go to www.copyright.gov. For forms, call (202)

707-9100. You may copy blank application forms; however, photocopies of

Form

D-VH submitted to the Copyright Ofﬁce must be clear, legible, on a good

grade of 8 ½" x 11" paper, suitable for automatic feeding through a photocopier.

Forms not meeting these requirements will be returned.

privacy act advisory statement

Consistent with the Privacy Act of 1974

(P.L. 93-579): The authority for requesting the information on this application form is

17 USC §1301 et. seq., which provide for registration of designs of vessel hulls for which

design protection is claimed. Furnishing of the information is voluntary, but if the

information is not furnished, it is probable that registration will be refused. Unless a

judicial appeal should result in an order compelling registration, any inchoate rights

in the design would be forfeited at the expiration of one year from the date the design

embodied in the useful article was made public by the designer or owner in the United

States or a foreign country.

The principal uses of the requested information are the examination of the ap-

plication for registration to determine compliance with legal requirements and the

establishment and maintenance of a public record of claims of protection.

Other routine uses include public inspection and copying, preparation of public

indexes, preparation of public catalogues of designs, preparation of search reports upon

request, and online publication of registrations.

note:

No other advisory statement will be given in connection with this application.

Please keep this statement and refer to it if the Ofﬁce communicates with you regard-

ing this application.

BASIC INFORMATION

Form D

Detach and read these instructions before completing this form.

Make sure all applicable spaces have been ﬁlled in before you return this form.

LINE BY LINE INSTRUCTIONS

Please type or print using black ink.

space 1: title

The make and model of the vessel that embodies the design for which

protection is sought must be provided for purposes of identiﬁcation and cata-

loging. If a design is used for more than one make and model, list each make

and model in this space. The make and model will typically include the name

of the manufacturer and the model identiﬁcation given the vessel, including

any descriptive information, such as the general categorization or type of the

vessel, that is useful to the identiﬁcation. Examples: “Tracker Tahoe Q 5 run-

about”; “Ranger Com man che 518VX bass boat.”

space 2: design

Space 2a: Identify the type or style of the design for which protection

is sought. The identiﬁcation of the type or style should be general and, where

possible, conform with accepted industry classiﬁcations. Examples: “ﬁberglass

tri-hull” or “aluminum pontoon.”

Space 2b: Give a brief description of the salient features of the design. While

the description should be brief, it should be sufﬁciently descriptive to allow

easy identiﬁcation of the design for which protection is sought (examples:

“design of transom,” or “conﬁguration of deck”), and to assist in the deter-

mination of the originality of the design. Space 2b is optional. Although it is

desirable that such a description be provided, the absence of a description shall

not prevent registration.

Space 2c: If the design is derived from a prior design, complete this space.

The description of the revisions, adaptations, or rearrangements that make the

new design original should be sufﬁciently detailed to enable identiﬁcation of

the new design from the prior design.

Use continuation sheet D-VH ⁄ CON if you need more space for space 2.

note:

A single application may be used for more than one design embod-

ied in a vessel provided that the information contained in all spaces of the

application other than space 2 is the same for each design. If the informa-

tion is different in one or more of the spaces (e.g., registration is sought for

two designs in the same vessel and the name of the designer in space 3 is

different for each design), then separate applications should be used. The

application fee applies to each design submitted, regardless of whether the

designs are submitted on one or more applications.

For applications for registration of multiple designs, Form

D-VH/CON

must be used to identify each design beyond the design speciﬁed in the basic

Form

D-VH. Use an additional Form D-VH/CON for each design included

in the registration and attach the deposit material identifying each design

to the corresponding Form

D-VH/CON. The space on Form D-VH/CON

stating “Design __ of __ designs” should be completed (e.g., “Design 2 of 3

designs”), and the same information (e.g., “Design 2 of 3 designs”) should be

placed on each page of drawings or photographs of the corresponding design.

space 3: designer

(

)

The designer is the person or persons whose creative endeavors have

resulted in the creation of the design. The name of the owner of the design

may be substituted for that of the designer if the design was made within the

regular scope of the designer’s employment and the individual authorship of

the design is difﬁcult or impossible to ascribe due to the number of employee

designers who contributed to the creation of the design.

space 4: owner

Space 4 must be completed if the owner of the design is not the de-

signer and the owner was not identiﬁed in space 3.

space 5: priority claim

If an application for registration of a design is ﬁled with the Copyright

Ofﬁce by any person who has, or whose representative or predecessor or suc-

cessor in title has, previously ﬁled an application for registration of the same

design in a foreign country, then protection under chapter 13 of the Copyright

Act commences on the date that the application was ﬁrst ﬁled in the foreign

country, provided that such date was within six months of the ﬁling of the

application for the design with the Copyright Ofﬁce. The beneﬁt of the earlier

date of registration in the foreign country only applies where the law of the

foreign country (1) extends to designs of owners who are citizens of the United

States; and (2) the law of the foreign country affords similar protection to the

design as that found in chapter 13 of the Copyright Act. Applicants must submit

additional information and documents; see the Copyright Ofﬁce regulations

at 37 CFR §212.3(h)

space 6: date made public

Applications will not be accepted for designs that were made public

prior to October 28, 1998, because the law provides that such designs are not

subject to protection. A design is generally considered to be “made public” if it

is anywhere publicly exhibited, publicly distributed, or offered for sale or sold

to the public by the owner of the design or with the owner’s consent. Protec-

tion for a design commences on the earlier of the date of publication of the

registration or the date the design was ﬁrst made public.

space 7: contact person

Give the name, address, email address (if any), daytime phone number,

and facsimile number (if any) of the person to contact if further information

regarding the application is needed.

space 8: deposit account

Complete space 8 if an existing deposit account is to be charged for the

ﬁling fee.

space 9: certification and

sworn statements

To obtain a registration of a vessel hull design, the applicant or the applicant’s

duly appointed agent or representative must complete the declaration in space

9. Applicants, or their duly appointed agents or representatives, should read the

declaration very closely before signing it. Willfully making false statements is

punishable by ﬁne or imprisonment, or both, and may jeopardize the validity

of the application and any resulting registration. The declaration contained in

space 9 need not be notarized.

If the design has been made public with a design notice as prescribed in

17 USC §1306, then the form and location of the notice must be disclosed.

The afﬁxation of a notice is not a condition of protection under the law, but

omission of the notice can affect an owner’s recovery and relief in the event

of an infringement action. The notice consists of three elements: 1) the words

“Protected Design”, the abbreviation “Prot’d Des.”, or the letter “D” within a

circle, or the symbol *D*; 2) the year of the date on which protection for the

design commenced; and 3) the name of the owner of the design, an abbrevia-

tion by which the name can be recognized, or a generally accepted alternative

designation of the owner. A distinctive identiﬁcation of the owner may be used

in lieu of the name if the distinctive identiﬁcation has been recorded with the

tered. Contact the Copyright Ofﬁce for information regarding recordation of

distinctive identiﬁcations.

In addition to the form of the design notice, its location on the vessel must

also be disclosed. The design notice must be located and applied in such a

fashion as to give reasonable notice of design protection while the vessel is

passing through normal channels of commerce. Only a single notice is required

to appear on the vessel, although multiple locations are acceptable. Acceptable

locations for a design notice include, but are not limited to, the following: in

close proximity to the hull identiﬁcation number required by the Coast Guard

regulations set forth at 33 CFR §181.23; in close proximity of the driver’s con-

sole such that it is in plain view; if the vessel is 20 feet in length or less and

is governed by the Coast Guard’s regulations set forth at 33 CFR §183.21, in

close proximity to the capacity marking; or in close proximity to the make

and model designation of the vessel. The notice should be afﬁxed to the vessel

in such a manner that it is not easily removable or likely to become detached.

Engraving of the notice into the hull or deck of the vessel is not required.

address for return of certificate

The name and address must be completed legibly. The certiﬁcate will be mailed

in a window envelope.

DO NOT WRITE ABOVE THIS LINE. IF YOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET (FORM D-VH/CON).

MORE ON BACK

DO NOT WRITE HERE

Page 1 of pages

• Complete all applicable spaces (numbers 7–9) on the reverse side of this page.

• See detailed instructions. • Sign the form at space 9.

Give the make and model of the vessel that embodies the design.

a: What is the type or style of the design for which registration is sought?

b: Provide a brief general statement setting forth the salient features of the design.

c: If this design is derived from an earlier design, describe how that design has been revised, adapted, or rearranged.

Provide the name and address of the designer(s). The name of the employer may be given instead of the designer(s) if (1) the design

was made within the regular scope of employment of the designer(s) and (2) the individual authorship of the design is difﬁcult or

impossible to ascribe.

 Please check here if those conditions are satisﬁed and you are providing the employer’s name.

Name: Name:

Address: Address:

If the owner is different from the designer(s) or employer named above, provide the name and address of the owner:

Name:

Address:

a: Was an application for registration of this design identiﬁed

in an application ﬁled in a foreign country that extends to

designs of owners who are citizens of the United States, or

to persons ﬁling applications in the United States, similar

protection to that afforded in 17 USC chapter 13?

 Yes  No

Was this design made public before the date of application?  Yes  No

If yes, on what date?

Month Day Year

b: If yes, identify the country and date of application:

Country:

Date of application:

Serial no:

DO NOT WRITE HERE

OFFICE USE ONLY

application received

design copies received

funds received

current fees, check the Copyright Ofﬁce website

at www.copyright.gov, write the Copyright Ofﬁce,

or call (202) 707-3000 or 1-877-476-0778 (toll free).

Form D-VH

For Vessel Hull Design

UNITED STATES COPYRIGHT OFFICE

registration number

date of registration/publication

month day year

title

designer(s)

 Check here if this

is a single design.

 Check here if

registering more

than one design.

Use Form D-VH/

CON for additional

designs.

designer(s)

owner,

if not

designer(s)

priority

claim

date made

public

Privacy Act Notice: Sections 408-410 of title 17 of the United States Code

authorize the Copyright Ofﬁce to collect the personally identifying informa-

tion requested on this form in order to process the application for copyright

registration. By providing this information you are agreeing to routine uses

of the information that include publication to give legal notice of your copy-

right claim as required by 17 U.S.C. §705. It will appear in the Ofﬁce’s online

catalog. If you do not provide the information requested, registration may

be refused or delayed, and you may not be entitled to certain relief, remedies,

and beneﬁts under the copyright law.

Provide the name and address of the person to whom correspondence regarding this application may be directed:

Name:

Address:

Email address:

FAX number: Daytime phone: ( )

Give the name and account number if the registration fee is to be charged to a deposit account established in the Copyright Ofﬁce:

Name of account:

Account number:

declaration: The undersigned, as the applicant or the applicant’s duly appointed agent or representative, being hereby warned that

willful false statements are punishable by ﬁne or imprisonment, or both, under 18 USC §1001, and that such willful false statements

may jeopardize the validity of this application or any resulting registration, hereby declares to the best of his or her knowledge and

belief:

(1) that the design has been ﬁxed in a useful article;

(2) that the design is original and was created by the designer(s), or employer if applicable, named in the application;

(3) that those aspects of the design for which registration is sought are not protected by a design patent;

(4) that the design has not previously been registered on behalf of the applicant or applicant’s predecessor in title; and

(5) that the applicant is the person entitled to protection and to registration under chapter 13 of title 17, United States Code.

Complete if applicable:

The design has been made public with a design notice as prescribed by 17 USC §1306.

Following is the exact form of the design notice:

Where on the useful article is the design notice located?

If the undersigned is not the applicant, he or she is properly authorized to execute this application on behalf of the applicant.

signature date

print or type name position or title

telephone number fax number email address

examined by

checked by

correspondence



yes

FORM D-VH

for

office

use

only

name



▼

number/street/apt



city/state/zip



17 USC §1327. Penalty for false representation. “Whoever knowingly makes a false representation materially affecting the rights obtainable under this chapter for the purpose of obtaining registration of

a design under this chapter shall pay a penalty of not less than $500 and not more than $1,000, and any rights or privileges that individual may have in the design under this chapter shall be forfeited.”

Certificate

will be

mailed in

window

envelope

to this

address:

Copyright Ofﬁce fees are subject to change. For current fees, check the Copyright Ofﬁce website at www.copyright.gov, write the

YOU MUST:

• Complete all necessary spaces

• Sign your application in space 9

SEND ALL 3 ELEMENTS IN THE SAME PACKAGE:

1 Application form

2 Nonrefundable ﬁling fee in check or money order

payable to Register of Copyrights

3 Design material

MAIL TO:

Dept. D-VH

Vessel Hull Registration

PO Box 71380

Washington, DC 20024-1380

contact

person

deposit

account

certification

and sworn

statements

➧

form dvh reviewed: 10/2012 Printed on recycled paper

u.s. government printing office:

2012-xxx-xxx ⁄ xx,xxx

DO NOT WRITE ABOVE THIS LINE. IF YOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET (FORM D-VH/CON).

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