Registered Designs: What countries Should I File In?
Written by Jody Tsigarides on 18 December 2008« Return to Reading Room
In terms of the UK protection it is possible to register at both the UK level and European level.
Registration at the UK Intellectual Property Office is the quicker and cheaper form of registration as apposed to patent and trade mark protection. It also allows greater flexibility as to the number of views of the design for which protection is sought which can be submitted.
However it only provides protection against infringement within the UK. Therefore you will not be protected against any
infringements which may occur outside the UK. Registration at the Office for Harmonisation in the Internal Market (OHIM) will provide protection for the design in all 27 Member States. It is possible to include multiple designs within one application provided they are all for the same type of goods; for example luggage.
If you wish to use your UK design registration as a springboard to other countries you will need to produce your Convention Documents and file the same within 3 months of the filing of the UK application.
So how do I apply for a UK design?
In order to qualify for registration the design must satisfy two main criteria:
1. it must be new: This means that there must be no existing identical or similar
design which only differs in immaterial details.
2. it must have individual character:
It should give a different overall impression to informed users than any other design which has previously been made available to the public. These will both be defeated if the design has been disclosed, for example by way of exhibition or offering for sale, more than 12 months prior to application. To qualify for registration the design as applied to the product must be visible during normal use of the item.
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