How do I protect my design?

Obtaining Unregistered Design protection does not involve any formalities. Provided the design is novel and has individual character, it is automatically protected for three years from publication of the design. However, it is important to retain documentary evidence of the original design and its development, including details of the designer and their employment status, in case it is necessary to enforce the design right.

Is the protection absolute?

No. Unregistered Designs are only protected against copying.

More about Registered Community Designs

How do I protect my design?

A single application may be filed at the Office for the Harmonization in the Internal Market (OHIM), the EU organisation that is responsible for granting Registered Community Designs and Trade Marks. Alternatively, it may be filed at one of the national patent offices within the EU.

Is it expensive?

The cost of a Community Design application is very advantageous compared to the costs of filing and prosecuting a number of national applications. It is possible to include multiple designs in one application, provided they are regarded by OHIM as falling within the same category of product, although there will be an additional, reduced official fee for each extra design. The aim of this is to encourage applicants to include in their applications alternatives and prototypes that may not ultimately be chosen for production.

What about languages?

Applications may be filed in English, which is one of the official languages of OHIM. A second language must be designated, but it is not necessary to provide translations.

Does it matter if I have already filed an application for a national Registered Design?

Community Design applications are able to claim priority from earlier national applications filed in the previous six months. This means that the European application is treated as having been filed on the date when the earlier national application was filed.

What if I have already disclosed my design?

The Regulation provides for a one year grace period. Disclosures of the design originating from the designer up to a year before the filing date (or priority date, if applicable) are discounted. Nevertheless, it is desirable to file as soon as possible in case a competitor files a similar design.

Is the application examined?

There are no official searches or novelty examinations, but there will be examination for basic formal requirements.

Can I continue to keep the design secret after registering it?

Registration, and hence publication, of the design is expected to occur within about three months of filing. If, however, the applicant wishes to keep the design secret for a while, it is possible to request deferred publication, up to a maximum of 30 months from the date of filing, or, if a priority is claimed, from the priority date.

How long is protection given for?

The initial period of protection will be five years from the filing date, renewable for five-year periods up to a total possible term of 25 years.

Is protection absolute?

Yes. Provided the registration is valid, it protects against the use of the design by a third party whether or not it has been copied.

Can I challenge my competitor's registration?

It is possible to apply to OHIM for a declaration of invalidity based on a number of grounds, including the grounds that the design lacks novelty or individual character.

What if I want to protect my design outside the EU?

An EU Registration may be used to provide a priority date if a foreign application is filed within 6 months. However, only some countries have a grace period so if you wish to file outside the EU you should keep the design secret until an application to register it has been filed.