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A design registration protects the look and shape of a product and gives the owner a monopoly to market products with that specific design for as long as 25 years. A design registration can stand alone or be supplementary to a patent and/or trademark protection of the product and, therefore, gives the owner a good amount of time to make use of the design commercially.
At Plougmann Vingtoft, we assist our clients through the entire design process. Our services include everything from pre-examination and drafting of design strategies to registration of your design and legal advice after the design is registered. Based on a thorough dialogue with the client, it is often possible to establish a product protection that covers more thoroughly than just identical copying.
Our design team consists of experienced lawyers and European Design Attorneys. The members of the team are experts within trademarks and patents, which ensure you thorough guidance on all IP related aspects of the product.
Design – The Cross Field between Patents and Trademarks
A design registration can protect the shape and look of a complete product or individual parts of it. It is possible to protect both packaging, food, clothes, furniture, production machines, graphical design, websites, interior design, typography and much more.
Technical functions or effects cannot be design protected, however, establishing an efficient design protection often takes a certain technical insight and is therefore closely related to patent protection.
Thus, the design of a laptop or the packaging of a milk carton contain technical elements that a professional patent expert is able to identify, so protection can be established – or at least considered – which covers both the design and the possible technical aspects.
On the other hand, design is also closely related to trademark protection. Design protection is the look of products such as clothes, furniture, ornaments and similar things that have a natural coupling to the graphical part of the trademark area, which makes trademark experts the obvious design attorneys.
Advantages to Design Registration
Today, the look of a product is an influential factor when a buyer must choose between different products. Therefore, the design has great value and is an important element for the competitive power of the product.
A registration provides you with a better foundation for entering into deals with others, for example in a collaboration about commercialization of a product, licensing and possible transfer of rights. In most professional connections, the registration is a condition for the partnership to become relevant at all.
Contact one of our IPR experts if you wish to know more about our consulting services within design and design protection. You can also fill out this contact form with your inquiry, and we will get back to you as soon as possible.