The low-down on Community Designs

A registered Community Design is a monopoly right that can expand the intellectual property for your business and give you heightened protection.

Article 3 of the Design Regulation defines designs as “'The appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colour, shape, texture and/or materials of the product itself and/or its ornamentation”.

A registered Community Design will not only give you exclusive rights of use for up to 25 years (provided it is renewed every 5 years), but could also prevent any unauthorized individuals from using it. This means if someone is using your design, or there is a highly similar one to that of your own, having a registered design will give you the rights to start infringement proceedings.

How to register your design

To file a UK design, you are required to file a formal application to the Designs Registry via the UK Intellectual Property Office (UKIPO). Alternatively, here at the Trademarkroom the experts can file your design for you – hassle free!

To file a design in the EU, you are required to file for a European Community Design (RCD) application which will give you protection across the whole of the European Union. Similarly to the UK,  you can do this by making an application directly to the European Intellectual Property Office (EUIPO) or have the experts here at the Trademarkroom assist you.

Registrability

To be valid for registration a design is required to:

- ‘Be new’ – this means the design must differ from prior registered designs and not have been disclosed anywhere previously or have any connection to an existing design

- Posses individual character – your design must create a different impression from prior designs

- Not contain the use of protected emblems or flags

- Be inoffensive

Deciding on where to have your design registered is largely dependent on your personal business goals however, its registration will contribute significantly to your assets and intellectual property as a whole all whilst giving you heightened protection which in essence, could create competitive advantages for your business.

If you have any questions relating to registering your design, why not call the Trademark room today where we would be happy to assist you!

By Sena Tokel