Design registration

The five most frequently asked questions about design registration

A design must be new. What exactly does that mean?

A design is new if you haven’t launched it yet. However, it is no longer new if the design is already featured on your website or exhibited at a trade fair. So, in that case, you can no longer register it. Fortunately, there is still a loophole: the law gives you 12 months respite! See the next question.

Does it mean I can’t register the design if it’s already on the market?

Luckily, the law gives leeway for an extra 12 months. So, according to the law, you can still file a valid registration up to 12 months after the first publication of the design. After that, however, the opportunity is gone.

A design must have an individual character. What exactly does that mean?

A design has an individual character if the general impression differs from other designs already on the market. The criteria remain somewhat vague, but in practice, it means that the design simply must stand out from the existing designs of others.

What do you need to register a design?

The right images! The choice of images filed in your application is crucial, as it determines the value and scope of a design. Chiever has the know-how and experience to decide which images will give the best design protection. There are many decisions to be made: photos or line drawings, colour or black and white, how many views, zoom in or not, etc. With our guidance, you’ll have the right images and obtain optimal design protection.

Where is my design protected after registration?

Our advice is always to first opt for European design registration. It is relatively straightforward, provides broad coverage, and the costs remain limited. A European registration gives your design protection for five years in twenty-seven EU countries. After that, you can opt to extend the registration four more times for five years. At the same time, we can also assist you with the protection of your design outside the EU, claiming the priority date of your European registration.

Do you have a question about design registration that’s not listed here? Feel free to contact us!