double_arrow Ask an Attorney

reCAPTCHA

What Our Customers Say...

4.9
Based on 96 reviews
powered by Google
Robert Baker
Robert Baker
11:20 16 Apr 24
Great support from Will and the team getting my patent application to... first filing.read more
Kieran Thomas
Kieran Thomas
22:22 07 Mar 24
Robert and the team have been great to work with and we've just... successfully secured our first patent. Whenever we needed any advice or had any questions, Robert and the team were more than happy to help, and any answers were always communicated in a way which was easy to understand. Thank you all for helping us secure our first patent!read more
Christian Janke
Christian Janke
20:20 14 Dec 23
I recently had the pleasure of working with Joel Weston on what initially... seemed like a minor IPO issue, but it evolved into a comprehensive co-existence agreement with another company. I can’t express enough how much I valued Joel’s expertise, depth of knowledge, and meticulous guidance throughout this process. It was more than just legal advice; for me, it was akin to an enlightening crash course in IP law!read more
See All Reviews
js_loader


double_arrow
Need a Product Designer?


double_arrow
Helpful Tips

Do I have to identify the designer?
It is possible to waive the name of the designer when filing a European Community Design, but you should be sure that you have the rights to the design

DESIGN FAQS

I have a three-dimensional product rather than a graphical two dimensional work. My product has a nice design which took me quite some time to devise. How should I protect the design?

Unregistered design right (UDR) will give you some rights to protect the shape of the design against copying. It subsists automatically as of the date of creation, and costs nothing. UK and European unregistered design right do have some differences, including the duration of protection, and may not always subsist for your product.

However, if you need to later rely on UDR when someone takes your design, you will need to prove that the design was copied. If you instead use our competitive UK or European registered design offer to obtain registered protection, there is no need to prove copying when dealing with infringement.

Therefore, we would definitely recommend spending a relatively small amount to obtain registered design protection now, compared to potentially spending much more trying to enforce weaker unregistered protection in the long term.

For how long can I rely on protection for the design of my product using registered or unregistered design right?

UK unregistered design right (UDR) lasts for 10 years from the end of the calendar year of first marketing. If you do not market the product in the first 5 years, then design right will last for 15 years from the end of the calendar year in which the design was first recorded. In addition, compulsory licenses are available in the last 5 years of UK UDR, i.e. if requested, you must grant a license for another party to use the design.

In contrast, Community (i.e. European) UDR will only last for 3 years from the date the design was first made available to the public.

In contrast, you can get up to 25 years of protection from both UK and European registered designs, giving you a much longer period of protection. Therefore, if you have a particularly important product, it is advisable to pursue registered design protection.

How can I mark my product to warn others or deter people from copying it?

You should include a phrase such as “Unregistered design right (UDR) reserved” followed by the relevant company name (or person’s name) and the current year (or the year when it was first created or marketed).

For a registered design, the phrase “Registered Design No.” followed by the registration number of the design should suffice.