Registered Design Rights

In essence, Registered Design Rights protect the appearance of "new" consumer items, and can include logos or characters associated with the same in terms of being part of the "get-up" of such items. Accordingly, it is common place to apply for the same in addition to a Registered Trade Mark. In the past it has been utilised to protect jewellery, clothing, furniture, musical instruments, and the packaging and presentation of goods.

United Kingdom

In the United Kingdom Registered Design Rights can be obtained via an application process through the United Kingdom Intellectual Property Office.

The application process generally takes 3 months, and a successful application secures 25 years of protection, subject to the same being renewed every 5 years. Such protection gives the applicant the exclusive right to use the designs in the United Kingdom and any design which "does not produce on the informed user a different overall impression".

Abroad

Registering a Design Right in the United Kingdom does not protect it elsewhere in the European Community. To protect designs throughout the European Community, an application for a Registered Community Design can be made to the Office for Harmonisation in the Internal Market for a Community Trade Mark, this Office being based in Alicante, Spain.

This application process generally takes 3 months. Protection lasts for 25 years, subject to the same being renewed every 5 years. Such protection gives the applicant the exclusive right to use the designs in the European Community and any design which "does not produce on the informed user a different overall impression".

For more information and help on any of these topics please contact our Business Services Team on 01908 660966 or fill out our online contact form.