What is a "Design"?
The outward appearance of a product, or part of a product, which results from the lines, contours, colour, shape, texture, materials and ornamentation.
Examples:
- The shape of a teapot
- The style of a shoe
- The appearance of a motor car
- Logos
- Cartoon characters
Why are Designs important?
Because they give your business a competitive edge. If the design of your products is important to your customers, it is important to the success of your business. The design of a product can be synonymous with the branding and imaging of your business and is an asset with a monetary value. Ask yourself whether you would be concerned if one of your competitors stole a design that you have invested time and money in creating.
How can a Design be protected?
It is possible that you might have claim to unregistered rights. Those rights are, however, difficult to prove and even more difficult to enforce. It is not advisable to rely on unregistered design rights. You should register your design.
What rights does a Design Registration confer?
By registering your design, you will obtain a statutory monopoly. This will give you the exclusive right to the use of your design and will enable you to take legal action against infringers and claim damages.
Unlike trade mark rights, the rights that arise from a registered design are not limited by product category. Registration of, say, the design of a perfume bottle will provide for a basis of objection to the use of the same design or similar for, say, a drinks bottle. This wider scope of protection is particularly relevant for the protection of logos – if you register your logo as a design, you can stop others from using the same or similar logo for any goods or services.
A Community Design Registration is a single registration that is valid in all countries of the EU*. It is quick and easy to obtain and is very inexpensive. The official fee for the registration of a single design is only £235; and by adding additional designs to the registration (which is permissible), the cost per design is reduced.
What are the requirements for registering a Design?
The design must be “novel” and it must possess “individual character”. Basically, this means that if your design is new and is different from anything that has gone before, it can be registered as a design.
To meet the novelty criteria, it is important to file as soon as possible so as to avoid unintentional invalidity of your own registration. It is essential to file no later than 12 months after your design has been first disclosed.
How long do Design Registrations last?
Design registrations last for an initial period of 5 years but, subject to renewal payments, for up to 25 years.
What next?
Please contact us to discuss how we can help you to protect your designs.
We are happy to provide preliminary advice on a no charge basis.
*EU Member Countries
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom
