Design Registration

Common Design Registration Questions

• What is design registration and why is it important for my business in the UK?

  Design registration in the UK is a form of intellectual property protection specifically for the appearance of a product, such as its shape, configuration, pattern, or ornamentation.

  A registered design grants the owner exclusive rights to use the design and prevents others from using it without permission. UK Registered Designs are governed by the Registered Designs Act 1949.

• What other design protection is available in the UK?

  • UK Unregistered Design Right (UDR) – This right protects the shape and configuration of a design for up to 15 years from creation or 10 years from first sale, automatically covering designs without formal registration. However, unregistered design rights offer only limited protection, are short-term, and can be challenging to enforce, as they require proof of intentional copying to take action against infringement.

  • Supplementary Unregistered Design (SUD) – Introduced post-Brexit, this right offers 3 years of protection for designs first disclosed in the UK. It closely mirrors the EU Unregistered Community Design (UCD) and protects the overall appearance, including decoration and surface features.

  • Re-Registered Designs – Existing EU Registered Community Designs (RCDs) were converted into “re-registered designs” in the UK after Brexit, allowing RCD holders to maintain protection within the UK for the remainder of their original terms.

  • Continuing Unregistered Designs (CUDs) – Temporary UK protection extended for EU-disclosed unregistered designs that existed before Brexit. These rights have now expired as of the end of 2023.

• What is the process for registering a design?

  • Consultation
    We begin with an initial consultation to confirm your design’s eligibility and discuss options for maximizing protection.

  • Eligibility Check
    Our team at Freeman Harris conducts a thorough search to ensure your design is unique and meets the registration criteria, reducing the risk of rejections.

  • Application Preparation
    We prepare all required materials, including a precise image or representation of the design, a detailed description, and optional requests like deferred publication for confidentiality.

  • Filing
    We handle the complete filing process with the UK Intellectual Property Office (UKIPO). Including:
    • Submitting Form DF2A with all your details.
    • Ensuring the image meets UKIPO standards for accuracy and clarity.
    • Paying the necessary fees.
    • Checking for any special requirements based on your product category.

  • Monitoring & Updates
    We track your application’s progress and promptly handle any additional requests from the UKIPO.

• How does registered design protection differ from copyright or patent protection?

  Although there is the possibility of some overlap, such as authors of artistic works that are applied industrially not being able to rely on copyright but instead relying upon design right or registered designs, the following are distinguished : 

  • Registered Designs protect the appearance of a product, including shape, configuration, pattern, or ornamentation.
  • Copyrights protect original artistic, literary, musical, and dramatic works, such as illustrations, music, books, and films. It is an automatic protection, but doesn’t protect functional or product design. 
  • Patents protect inventions or new technical and functional aspects of products or processes. This is most suitable for new technologies or functional features, as it does not cover the visual design of the product.
• Can I register a design that has already been published or used?

  Yes, you can register a design that has already been published or used, but there are strict limitations.

  In the UK, you have a 12-month grace period from the date the design was first disclosed publicly to file for registration. This means that if you or someone else has already made the design public, you must apply for registration within 12 months to be eligible for protection.

  If you miss this 12-month window, your design is generally considered no longer new and won’t qualify for registration.

• How long does design registration protection last in the UK?

  In the UK, registered design protection lasts for up to 25 years. To maintain this protection, the registration must be renewed every five years by paying a renewal fee. If the design is not renewed, protection will lapse, and the design will enter the public domain.

• What should I do if someone infringes on my registered design rights?

  Dealing with design infringements can be a complex process. It is recommended that you consult a legal professional to assist with the following steps: 

  • First, the claim must be analysed, evidence must be gathered, and interim relief as well as settlement must be considered. 
  • Afterwards, if necessary, a letter of claim must be prepared and shared with the infringing party. This letter must contain specific necessary criteria, such as information on the creation of design, owner of design, the type of right being violated, points of similarity, evidence of infringement and dates, relevant legislation, and more. 
  • Depending on the response of the other party, or their non-response, it may be necessary to commence legal proceedings. 
• Can I make changes to my registered design after registration?

  No, after a design is registered in the UK, you cannot modify or alter the design within that registration. Each registration only protects the design as it was originally submitted.

  If you make significant changes to the design and want to protect the new version, you would need to file a new registration for the altered design.

• Is there a way to register a design internationally?

  Yes, the Hague Agreement allows designers to register industrial designs in multiple countries with a single application filed through the World Intellectual Property Organization (WIPO).

  • Eligibility: Applicants must be a national, resident, or have a business presence in a Contracting Party.
  • Process: File directly with WIPO via the eHague platform. UK applicants cannot file indirectly through the UK IPO.
  • Benefits: A single application can cover up to 100 designs in multiple jurisdictions, simplifying management and reducing administrative burden.
  • Limitations: Design requirements vary by country, and local counsel may still be needed. Costs and speed depend on the designated countries and complexity of the application.
• Can I register multiple designs at once, and how does this affect the cost?

  Yes, you can register multiple designs at once in the UK if they belong to the same class of goods. Registering multiple designs at once is more time and cost efficient than if done individually.

  The costs are as follows:

  • 1 design: £50.
  • Up to 10 designs in the same application: £70 (£20 for each additional design after the first).
  • More than 10 designs: £70 + £20 per additional design after the 10th.
• What does a design need to be eligible for registration?
  • The design must be new, meaning it has not been publicly disclosed in the UK or EEA in a way that makes it identical or only trivially different from other designs.
  • The design must have individual character, giving a unique overall impression to an ‘informed user’ compared to known designs.
  • A 12-month grace period is allowed if the designer has disclosed the design themselves, during which they can still apply for registration.
• Which designs can NOT be registered?

  Some designs are not eligible for registration, such as: 

  • Computer programs
  • Design features dictated by technical function
  • Design features dictated by the need to interconnect with another product (unless part of a modular system)
  • Designs contrary to public policy/morality
  • Excluded emblems

  (This list is not exhaustive.)