The law defines design as the overall appearance of a product – the shape, configuration, pattern or ornamentation which gives a unique appearance. It must be both new and distinctive.
The design of a product is one of the key features of its success. The safeguarding of such an integral part of your enterprise means your design needs to be registered.
Important Considerations about Registered Designs
- Design registration is a critical step in protecting your IP rights from the outset of the design process.
- In registering your design, you are sanctioned the exclusive right not only to use it yourself but also to license it to others or to sell it.
- The rights conferred by registering your design provide very effective protection in the marketplace, establishing your ownership of the intellectual property.
- You may enforce the rights conferred by registered designs for commercial purposes, either directly in the product’s market environment or in relation to third parties using your design.
- A design registration is valid for up to five (5) years and can be renewed thereafter.
IP Service International offers a range of protective services for your design, both preventative and responsive including:
- Prior art searches for similarity/ identity of design and detailed result analysis
- Design Portfolio strategy, advice and planning
- Registered Design administration and registration (national and international registrations in 54 countries)
- Draft tailored list of goods and relevant ‘Locarno’ classes
- Licensing support e.g. license contracts and sale negotiations
- Respond to office actions and design opposition proceedings
- Defend client’s and oppose competitor’s design e.g. oppositions, appeals and invalidations
- Advice on infringement and validity
- Respond to refusals of registration
- (Pre)-Litigation support
Design registration is a critical step in managing the intellectual property rights of your design, both in business contexts and in formalising your intellectual property rights under applicable laws. We can help you with all aspects of design registration, intellectual property management, and the many technical issues of IP protection.
Speak to one of our design registration experts and let us know how we can help you protect your design and its valuable IP rights.