How do I make a design rights application in the UK?
Depending on the design or item that you are registering, a number of images are submitted together with a statement of novelty and the appropriate fee. The application is made to The Designs Registry, which is part of the Patent Office based in Newport, Wales.
How much will a UK design rights application cost?
This will depend on your design. If your design is a textile or lace or composed substantially of check or tartan print, the fee will be approx £35. For all other items the fee is £60. Please note that each separate item will be a new application. You cannot register a series of designs.
Am I protected if I modify my design?
Your modified version(s) of a previously registered design can be registered, but only if the new modified design is novel (as outlined above) and possesses individual character, distinct from the previously registered design. If you make a application for a modified design you will need to pay the additional application fees.
Can I claim a priority date for a design application made in another country?
Yes. You will need to show the UK Registry your ‘Convention Documents’. These consist of details of the original filing, including representations, a certificate of authenticity issued by the Registry in the country where the earlier application was made. The Convention Documents must be filed within three months of the filing of the UK application. You will need to have them translated and certified, if they were filed in a language other than English. In certain circumstances, you may claim a priority period of six months. This depends on whether the country of registration is a signatory to the Registered Designs Convention.
Can I extend my UK protection to other countries?
Yes, but this applies only to certain Commonwealth countries. If you have a specific country in mind, or if you would like details of the list of countries in which your design will be accepted, please contact us. Please note that you will have to go through certain formalities before your design will be entered in the local register.
Is there a European-wide registered design?
Yes, there is. The Community Design was introduced on 1 April 2003 for both 2D and 3D designs. One application will cover the product or products applied for in all European Community countries. The Community Design operates in the same way as the United Kingdom design, with one significant exception. Under the Community Design, applicants can register multiple designs in one application on a sliding fee scale depending on the exact number of designs applied for.
How do I make my Community Design application?
The design that is to be registered in the EU is sent to OHIM (Office for Harmonisation of Internal Markets, Alicante, Spain) with appropriate fees.
How much will a Community Design cost?
Registration fee for the first application is 230€, additional registration fee 2-10 designs (each) 115€, more than 11 designs (each) 50€. Publication fee for the first application is 120€, additional publication fee 2-10 publications (each) 60€, >11 (each) 30€.
How long do I have to register my design?
Generally you have 12 months from the date of application. However, you can apply for an extension of time and if granted, you will have a maximum of 15 months in which to perfect your application.
How long does the registration last?
If the design is registered either in the UK or EU, it will be protected for five year periods up to a maximum of 25 years, assuming that you renew your registration every five years.
Design Rights registration – contact us today
Our Intellectual Property lawyers are highly experienced at registering design rights, providing city quality advice at local prices. We represent intellectual property clients throughout Wiltshire, Hampshire, Dorset, Somerset, and nationwide. You can either meet with our Design Rights Lawyers in our Salisbury or Andover offices or by taking your instructions by phone and email, we can represent you without needing a meeting.
For specialist advice from our Intellectual Property Lawyers about registering your design rights, contact us today.