Design Protection

A registered design is something which protects the overall shape and/or appearance of a product.

No, a design registration is not necessary to make, import or sell an aesthetically pleasing product.

However, without a design registration, you may not be able to stop competitors making, importing and/or selling a product which looks the same or similar.

A design may be the appearance of a product as a whole or part of a It may be the three-dimensional shape of the product or it may be a particular surface decoration (e.g. a pattern on a fabric). It may also be a graphic symbol, such as an icon or a typeface.

In order for a design to be registered, it must be This means that it must not have been made public prior to the grace period (see later). It must also possess individual character, i.e. produce a different overall impression when compared with earlier designs.

There is a list of exclusions which may prevent a design from being registered. These include the following:

• The design must be visible in
• The design must not be dictated solely by the function of the product. This means that if a product has to have a specific design in order to function, then registration of the design would not be allowed.
• The design must not be such that it must fit with another component. This means that if the design (such as the arrangement of the pins of a plug) is essential for it to fit with another component (such as a socket), then registration of that design would not be allowed.

The registration of designs which include protected emblems, such as a national flag, a red cross or the Olympic rings, or which include someone elses trade mark or copyright material will not be allowed.

We would be happy to advise you if there is any doubt about whether or not a design may be registered. 

The law in the UK, Europe and certain other countries provides a 12 month period (the grace period) within which any disclosure of a design by its designer does not count against an application for registered design protection. 

It is important to remember that a disclosure made by a person other than the designer is not covered by the grace period.

It is important to note that design registrations are This means that they only provide protection in the country in which they are registered. In other words, a UK design registration will only protect the design in the UK.

However, you would be able to prevent importation into the UK of goods bearing the design.

An application must be made to the relevant Intellectual Property You can make the application yourself or you can appoint a Patent Attorney to act on your behalf.

Patent Attorneys are professionally qualified people who are experienced in applying for design registrations on behalf of clients and dealing with the subsequent procedures.

The lifetime of a registered design varies according to the country in which it is registered. By way of an example, a design registration in the UK would last for up to 25 years, provided that periodic renewal fees are paid.