Procedure

In order to be eligible for protection a design must be new and possess individual character. A design shall be considered new if no identical or almost identical design has been disclosed at the time of registration. Individual character refers to originality and a sufficiently significant departure from the appearance of already existing designs. This means that applying minimal modifications to an already existing product will on the whole not be sufficient to pass the individual character test. The requirement for novelty and individual character is not examined prior to registration. The question of the validity of your design will only come into play if you start legal proceedings against another party which is copying your design. In principle a registered design will be considered valid unless the infringer can prove that the design is not new or original. The more original your design is the more likely it will pass the individual character test and the more likely you will be successful in having copycat products banned from the market.

If you have questions regarding the requirements of novelty and individual character, please contact us.

Before we can register your design we need to have proper drawings of your design. In order to advise you we need to be informed about the distinctive features. These must be clearly distinguishable in the drawings. If you wish to furnish us with your own drawings we will discuss the necessary requirements with you. Alternatively, you can instruct us to create suitable drawings. Once the drawings are deemed appropriate we will apply for registration in the countries of your choice. Frequently, customers decide to apply for an EU design registration because of the relatively low costs and the broad scope of protection in 28 countries. After filing you have a six month period within which to file in other countries whilst maintaining the filing date of your first filing.  Once your design has successfully proceeded through the examination stage it will be registered, you will receive a registration certificate and you will be able to label your product “registered design”. An EU design registration can be renewed every five years up to a maximum of 25 years.