If you have a product with a new design and a unique character, it is possible to protect your design through a design registration. The protection applies to the look of the product. For example the look of furniture or other objects, but also packaging, designs, graphic symbols and typographies.
In the European Union designs are protected for a period of 3 years after disclosure without registration. This is a limited protection that only applies to 100% imitation of the design. A registered design gives a better and long-lasting protection with the ability to also act against designs that are similar to yours.
It is important that it is a new design. This means that your design cannot be made public at the time of registering. This means that your design should not have been made public at the time of registration. However, some countries will allow registration within one year after publication. In addition, it is important that there is not already a product on the market with the same design.
You only get protection with a design registration for the look of the design and not for the technical aspects. For the protection of the technical aspects patent law may apply.
Our experience is that design protection depends on the quality of the images used for the registration. Images that clearly portray the design are therefore required.
You can register a design at different levels:
– National
– Benelux
– European
– International
Most design registrations are valid for five years. After this period, the registration can be renewed. A registration in the European Union may be renewed 4 times, giving you protection up to 25 years for your design.
Eric is partner in Bakker & Verkuijl. He is a specialist in brand protection for more than 30 years and has extensive experience in EU and international procedures. Eric is a BMM Certified Trademark Attorney.
Astrid is founder and co-owner of Bakker & Verkuijl. She is a specialist in brand and design protection for more than 25 years and a BMM Certified Trademark Attorney.
In addition to trademark and design protection Adri also focuses on domain names. Adri is co-owner of Bakker & Verkuijl and a BMM Certified Trademark Attorney.
