FAQ Design Registration

What is design protection?

Design protection is a legal right that protects the appearance of a product. It prevents others from copying or imitating your design. This includes aspects such as shape, lines, colours, texture and surface structure.

What is design registration and why is it important?

Design registration is the official recording of your design in an official design register. By registering your design, you obtain an exclusive right to use it and can take action against infringement.

What is the difference between design protection and trademark protection?

Design protection covers the appearance of a product, while trademark protection primarily covers names, logos and figurative marks. Many businesses combine both forms of protection to create a strong legal position.

Which products can be protected through design registration?

Design registration is possible for, among others, product shapes, clothing, packaging, fashion, jewellery, furniture, graphic designs and icons. Specific forms such as a drainpipe, a car’s exterior mirror or even the shape of a candy can also be protected as a design.

When is a design eligible for registration?

A design must be new and have individual character. This means the design must clearly differ from existing designs. A prior design search can help assess whether your design meets this requirement.

What happens if I do not register my design?

Without design registration, your legal position is weaker and it is more difficult to act against copies. You also risk someone else registering your design.

How does design registration work through Chiever?

Chiever not only handles the entire process for you, but also ensures the right strategic choices are made during filing. This helps guarantee that your design is protected in the best possible way.

In which countries can I register my design?

Design registration is possible in most countries worldwide. Since the costs of an EU design are relatively similar to those of a Benelux design, many businesses choose EU protection, which covers all 27 EU Member States through a single application. If protection outside the EU is required, separate applications must be filed per country.

How long is design protection valid and can it be renewed?

An EU design registration is valid for 5 years and can be renewed in 5-year periods up to a maximum of 25 years. Timely renewal prevents loss of rights.

What does design registration cost?

The costs depend on the number of designs, the geographical scope of protection and official filing fees. Chiever will always provide full transparency on the total costs in advance.

How quickly is my design protected after filing?

If all formalities are correctly fulfilled, especially if the submitted images meet the requirements, a European design can be registered within a few days. From the moment of registration, you can actively enforce your rights. Outside the EU, procedures generally take longer.

Can I use my design before registration?

You can, but it involves risks. Early disclosure may affect the scope of protection. It is advisable to seek advice beforehand.

What is the difference between a registered and an unregistered design?

Unregistered designs may also receive protection. However, an unregistered design has a more limited scope of protection and is only valid for 3 years. If you rely solely on unregistered protection, you cannot later convert it into a registered design, so the protection remains limited.

What can I do in case of infringement of my design?

With a registered design, you can take legal action, demand that the infringement stops and claim damages. Chiever can support and advise you in enforcing your rights.

Can I register multiple designs at the same time?

Yes. Multiple designs can be included in one application, which is more efficient and cost-effective.

Does design registration also protect technical functionality?

No. Design protection only covers the appearance of a product. Technical innovations require patent protection.

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

Design registration

Do you want to register a design?

Would you like more information about design registration, or would you like to speak to one of our advisors? Please contact us.

BK
Bas Kist Senior Trademark Attorney (Partner) +31 (0)20 8204002

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2D and 3D design

A design registration protects your 2D or 3D design. You can get design protection under the condition that the design is new, i.e. the type of design is not yet on the market. Additionally, the design must also have an individual character, which means the design’s general impression differs from designs already on the market.

Modelregistratie

Infinite

As the definition of a design can be extensive, many different designs can be protected. To give just a few examples: a table, the 2D display design, a box for earphones, a new swimming flipper or a drink packaging design, it’s almost endless. The only requirement is that the design is new and has an individual character.

Modelregistratie Voorbeelden
Design registration

Do you want to register a design?

Would you like more information about design registration, or would you like to speak to one of our advisors? Please contact us.

BK
Bas Kist Senior Trademark Attorney (Partner) +31 (0)20 8204002

The contact form can not be displayed because cookies are blocked. Click here to accept cookies.