What is a UK Registered Design?
What is a UK registered design?
A UK registered design is an intellectual property right that protects the appearance of an article and gives its owner the exclusive right to prevent anyone else from making a product to that design.
This right of use means that within the UK, the proprietor can make, use, sell, import, and export any product that embodies or bears the design. The rights can also apply to similar designs if they do not give the user a substantially different impression. Other parties may not use, sell, import, or export a product that embodies or bears the registered design without the owner’s permission.
What is the difference between a patent and a registered design?
Both patents and registered designs are intellectual property rights that the owner must apply for. While a patent protects an invention’s technical aspects, a registered design protects its appearance. Designs and patents can be used together to protect both how a product looks and how it works.
What can and cannot be registered?
To register a design, it must be new. Although there is a 12-month grace period following disclosure in the UK, during which a registered design application can still be validly filed, this does not apply in all countries. We recommend, therefore, that you keep your design confidential until you have filed your registered design application. A confidentiality agreement could enable you to speak to someone about your product as part of the development process. Mathisen & Macara can advise on this.
Designs can protect various aspects of a product, for example:
- The physical shape of a product (packaging, graphic symbols, or typefaces).
- How the product is configured.
- The way a product is decorated or its colour.
- The pattern it displays.
Some aspects cannot be protected by a registered design, for example: anything offensive; any designs that use national flags that you do not have permission to use; designs that use official emblems or marks such as the Olympic rings; and any features that are defined exclusively by the function of the article or features that are required to make an article fit with another article.
How to apply to register a design
Applications for UK registered designs are filed with the UK Intellectual Property Office. The application must include images of your design in sufficient detail to show the design to be protected clearly from all angles. There are also formal requirements that need to be met by the images. We can help you decide on the best format for the application to obtain the best protection possible. We can also help with all aspects of the filing and registration process, and the registration’s ongoing maintenance.
Do I have to register my design?
The UK and EU provide protection for unregistered designs, commonly referred to as “Unregistered Design Rights”. These rights are short-lived, and you will need to prove copying by a third party to enforce these. Like copyright infringement, if another party independently creates a design that is the same as or similar to your unregistered design right, they will not infringe your rights.
Since it can be difficult to prove copying has taken place, we generally advise filing for registered design protection, where possible. However, unregistered design rights can be useful for products with a short lifespan.
Registering designs overseas
Registered designs, like most forms of Intellectual Property, are territorial rights. A UK registered design only has effect in the UK so if you need protection for your design in other countries, you must apply for design protection in each one.
A UK registered design application provides a priority right valid in most countries, meaning you can use your UK registered design to support design applications in other countries. Provided these applications are filed within six months of filing of UK application, they will be backdated to the UK filing date.
We have an extensive network of attorneys outside the UK that we can use to help you obtain design protection.
When a registered design is infringed
If you become aware that someone else is using your registered design without your permission, you may have a right to take action to stop them. We can guide you through the process to enforce and protect your intellectual property rights.
For further advice
The UK Intellectual Property Office has further information about designs at this link.
Should you need further advice regarding any existing or potential registered design, please contact us to discuss your requirements, our services, and associated fees.