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. The person who can apply to register a design is the creator of the design, except where the creator is your employee, or where you commission the design from a freelancer or design company, in which case you are regarded as the first owner of the rights in the design, and may register. However, beware of design companies’ terms of business as some of them reverse this rule and claim the first owner rights for the designer, which means the designs are not yours to register. To assist in checking your rights, or to find out whether your design is capable of registration please contact us.

Copyright also protects designs, for example documents detailing the design as well as any artistic work incorporated within the finished product. Copyright and unregistered design rights provide similar forms of protection for your designs in that you get copyright or design rights in your logo or labels without having to take any steps to obtain the rights. However, relying on your unregistered rights is unlikely to give you powerful enough rights to stop others copying because you will have to prove they actually copied your designs. 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. Far better to register a design so you will be able to stop others copying your work even if they claim they came up with the same design independently.

There is an overlap between trade marks and designs in that your device marks and logos may be registrable as designs as well as trade marks. Whether to register for both rights or just one is a matter on which you will need to take advice 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. To find out more about registering your designs click on the Get a design quote button to the right of this page