Designs

It is possible to register your logo, products get-up and packaging (that is, both two- and three- dimensional designs) through us in the UK and Europe.

Whenever a new product is being devised, check that there are no similar designs or patents already registered so that you are not infringing someone else’s rights, and also to ensure that your design is original enough to be registered.

Design registration is available for designs that are novel, and have individual character. Registration is granted initially for 5 years, and is renewable for up to a maximum of 25 years. A design may be registered by the design creator or by a company who employed the creator or commissioned the design. This is the standard rule. Nonetheless, when commissioning a design beware of design companies’ terms of business which sometimes state the opposite and retain the design right for the creator not the commissioner of the design. To assist in checking your rights, or to find out whether your design is capable of registration please contact us.

Copyright also protects aspects of designs. For example, it will protect the details of the design as well as any artistic work incorporated within the finished product. Copyright and unregistered design rights are similar in that you do not need to take any formal steps to obtain them.  Unfortunately, copyright and unregistered design rights often will not stop others copying. To prove infringement of either right you will have to prove someone has actually copied your designs and did not come up with them independently. However, if you do want to rely on your unregistered rights then at the very least we recommend you keep evidence of your work or design throughout its creation (rather than just keeping the finished product), so that you will be able to establish that you first came up with that design. Often, it is far better to register a design to stop others copying your work and claiming they came up with the same design independently.

Also, trade marks and designs overlap in that your device marks and logos may be registrable as designs as well as trade marks. The question of whether to register for both rights or just one is a matter on which you will need to take advice and decide on a case by case basis. Some of the factors to bear in mind are that the design registration process is quicker and cheaper than the trade mark registration system. Design registration provides wider protection, but is subject to a maximum 25 year term, whereas trade marks can be renewed indefinitely.

Get a quote to register your design

Design is so important to a product’s mass appeal. Think of the I-pod, or Dyson vacuum cleaner. Design registration is a cost effective way of protecting a core design of your brand, which helps strengthen the brand. Registration gives you a monopoly right to use the design, so there is no need to prove copying to stop a similar product design.

Register your design for added protection

The definition of 'design' is very broad, and includes logos, packaging, fashion garments, handicraft, a sculpture, products such as chairs, or a pattern (eg tartan) or images applied to the surface of products like textiles or wallpaper. Even graphic symbols on a computer screen and typefaces may be registered as designs provided the design is registered within a year

WHAT NEXT?

If you are interested in registering your design, contact us for price information.