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Where a trademark protects branding, and a patent protects technical functionality, a design right protects the visual appearance of a product.
Design protection is therefore often found in the cross field between patents and trademarks, but it can none the less be of crucial importance, when you are putting your product on the market. Our dedicated and highly experienced experts can help you decide what to protect.
Design protection enhances your options on the market
With a design registration in place you are able to protect yourself against copying and counterfeit products. Furthermore, you have a stronger basis for entering into agreements with others concerning e.g. licensing or possibly selling the design right. In most instances, at least when it comes to professional dealings, a design right is actually a prerequisite for a collaboration to even be possible.
Our experienced experts can help you determine exactly what is worth protecting. In some cases a design right may be sufficient, but in others it may be prudent to pair it with a trademark or maybe even a patenting of unique technical functions. Contact us today for an informal talk with one of our consultants regarding your specific product. We will naturally handle your inquiry with the utmost care and confidentiality.
We’re ready to take your call …
- Talk with an experienced consultant, who is an expert in all aspects of design rights protection
- Listen to how our consultants can help you determine what is actually worth the time and effort, when it comes to protecting your design and other rights
- Get to know how we can help you in the application process, so that you can protect the distinctiveness of your design against copying
If you read on, you can learn why design protection is a smart move, which rights you obtain from a design registration, and what our experts can do for you.
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.
Why choose a design registration?
Countless examples prove that it is not always the products with the best functionality that are also the best-selling, simply because the customers prefer a competing product with a fancier design. So in case you missed the gist: A product’s design presents a great value, and it is a key element in terms of marketing, branding and the eventual selling of a product.
By a design registration you protect the shape and the visual appearance of either the product as a whole or individual parts of it. Among other things the registration can be used to prevent others from using the same or a similar design for their products.
Is a design protection sufficient?
The answer to that question is sometimes yes, but not always. It is therefore important to do the groundwork properly and consider how to best protect your design and your product. As an example, the design of a laptop or the packaging of a milk carton may comprise technical elements, which should be protected by a patent, but the actual design may not completely fulfil the criteria of ʺnewness”, so the better choice in the end is to protect the trademark – the name that you wish to use for marketing the product.
You can register both packaging, foods, clothes, furniture, manufacturing machinery, graphical design, websites, interior design, typography and many more as a design. Technical functions or effects are however not eligible for design registration – those you protect by way of patents. In a similar fashion, you can also not register a product name as a design, this is where the trademark protection comes in handy.
Protect your design for up to 25 years
When a new design, which meets the demands for registration, is published in the EU, it automatically becomes protected as an unregistered EU design against identical copying for three years. A publication in the EU is simply an introduction of the design to the world.
With an EU design registration you can obtain a design protection for up to 25 years. By completing your design registration it is thus possible to establish a broader protection than just identical copying.
An application for a registered EU design right must be filed within the first year after publication. It is therefore important to incorporate the registration into your line of thinking from the very moment that you put your product on the market.
We’ll take you full circle
Our team of design consultants are all highly experienced European Design Attorneys. They are also experts within the fields of trademarks and patents, which means that we can advise you on all aspects of protecting your product. Our services comprise everything from preliminary examination to registration of your design, and an assessment of whether your product also needs to be protected by a patent or trademark.
Get in touch with our expertsPlease avoid using this form for concerns about ongoing cases. Instead, contact your Plougmann Vingtoft expert directly.