What is a Registered Design
A registered design is a legal right which protects the overall visual appearance and features of a 2D and 3D product or a part of a product in the country or countries you register it.
A three-dimensional product such as an industrial or handicraft item.
A two-dimensional ornamentation e.g. a pattern intended for display upon a product or a stylised logo.
The term product can also refer to packaging, graphic symbols, typographic typefaces and parts assembled into a more complex products.
What does a Registered Design do
It forms the basis of an infringement action against other parties, and will help stop others from creating designs which are similar to your own - within the geographical area that the design has been registered.
The benefits of a Registered Design
It is easier to sell or license.
It is easier to stop people from copying the design.
The registration of the design often acts as a deterrent.
It lasts for 25 years.
The onus is on any infringing party to prove they have not infringed the rights.
The design is on IPOs register.
For a Registered Design to be valid it must
Be new - no identical (or similar) design has been published or publicly disclosed in the UK / European Economic Area (EEA).
Have individual character. The appearance of the design (known as the overall impression) is different from the appearance of other already known designs.
The exclusions for Registering Design are
The design by legal definition is not a design.
It is offensive.
It consists of, or includes, certain protected flags and international emblems.
It is solely dictated by the product’s technical function.
Duration of a Registered Design
As long as renewal fees are paid every five years, a Registered Design generally has a life of 25 years.
To file a UK Registered Design will usually cost around £300.00 for one design + design drafting cost if required and to file a Community Design will usually cost around £600.00 for one design + design drafting cost if required.