Registration

Provided you have registered your design you will be able to easily oppose to other parties who are imitating or largely copying your product. Only registered designs will qualify for protection. You may submit a request for design registration in the country in which you wish to have your design protected. Submitting a request will also entitle you to a right in several countries. This is for instance possible in:

  • The Benelux
  • The European Union, where registration means protection in all 27 member states (the so-called Community Design).

Your best registration option will partly depend on the countries in which you operate.

 

Registration requirements

The main aspects of registering a design are the following:

  1. Good pictures of the design. The pictures must clearly show the features of the design. In case of a conflict these pictures will be used to compare the design to the infringing design. 
  2. The owner’s correct details

It is important to register the design right in the name of the existing artificial person or the natural person.

 

Conditions for valid design registration

One of the conditions for valid design registration is to have a “new” design. This means that the (almost identical) design has not been published before. The word ‘publication’ should be interpreted in the widest sense of the word. Publication in school newspapers or showing the design during an exhibition is also considered publication.

 

Multiple design

It is possible to request the protection of at least one design with one application. The advantage of multiple application is that, after the first design, a discount rate shall be charged for every following design.

 

In Europe a multiple filing may consist of an unlimited number of designs, provided the designs fall within the same category. For instance, it is possible to combine several musical instruments in one application, but you may not combine watches and decorative jewellery.

 

Design registrations usually remain valid for a period of five years. On request, registration can be renewed up to four times for another five years each. The maximum protection period therefore is 25 years.

 

With your approval our Legal Section will prepare and submit the request and continue to monitor the entire procedure.

 

Read more about the level of protection under 'advice on infringement'.