We guide clients through registration and enforcement of both registered and unregistered designs, ensuring that creative work translates into commercial value.
A: Design rights protect the visual appearance of a product rather than its function. This includes the shape, configuration, patterns, ornamentation, and overall aesthetic of the item. Effective design protection can help prevent competitors from copying the look of your products and can significantly strengthen your market position.
A: Registered design rights arise from a formal application and provide clear, enforceable protection for up to twenty-five years. Unregistered design rights arise automatically when a design is created but are harder to enforce because you must prove ownership and copying. Registration is strongly recommended for valuable or high-profile designs.
A: In the UK and EU, registered design rights last up to twenty-five years from the filing date, provided renewal fees are paid every five years. This allows you to maintain long-term control over the appearance of your products.
A: To qualify, a design must be new and have individual character, meaning it gives a different overall impression from existing designs. Purely functional features cannot be protected. Our attorneys can help you assess whether your design meets these requirements and prepare high-quality representations for filing.
A: Yes. Through systems such as the Hague Agreement, you can apply for international design protection across multiple territories with a single application. We help clients select the best jurisdictions to match their markets and budget.
A: Yes. You can file trade mark applications in individual countries or use international systems such as the Madrid Protocol to obtain protection in multiple jurisdictions through one application. Our attorneys help develop cost-effective filing strategies that reflect your commercial footprint and future growth plans.
A: Public disclosure before filing can reduce or even destroy the novelty of your design. If possible, you should file your application before launch or ensure confidentiality agreements are in place. Acting early preserves your full protection and avoids unnecessary risk.
A: A co-existence agreement is a negotiated contract between trade mark owners allowing both to use their marks under defined conditions. For example, it may specify territory, product categories, or presentation style. These agreements are a practical solution for avoiding costly disputes while maintaining commercial freedom.
A: If you believe someone is using a mark that is confusingly similar to yours, it is important to act quickly. We will assess the situation, gather evidence, and advise on the best course of action. Options include sending a formal letter, seeking a negotiated settlement, or pursuing legal proceedings if necessary.
A: Unregistered design rights protect your work automatically for a limited period and cover the shape and configuration of the design rather than its surface decoration. Although valuable, they provide shorter and weaker protection than registered rights, and enforcement can be more difficult.
A: Strong design protection enhances brand recognition, supports exclusivity, and increases the appeal of your products to investors and consumers. It also allows you to license your designs or take action against imitators, turning creativity into tangible commercial value.
A: If you believe your design has been copied, gather evidence and seek professional advice promptly. We will assess the strength of your rights, review any infringing products, and recommend the best course of action, whether through negotiation, licensing, or formal enforcement.
