Design Registration Steps
Pre-application: We need to find out if your design is registerable:
1. Is Your design 'new'?
To be new, your design must not be identical to any other design already available to the public.
2. Does your design have 'individual character'?
- To have individual charachter, the overall impression of your design must, to an 'informed user', be different from the overall impression of other designs already available to the public.
- An 'informed user' is someone who is familiar with products in the field.
3. Does your design comply with the formal requirements?
- Must be for an industrial purpose
- Must not be offensive, by public standards
- Must not include protected flags or emblems
- Must not take the form it does for purely functional reasons
Applying: Information we require to make your application
1. Is your design currently registered in any other territories?
If your design is already registered in another territory:-
2. Which territories/countries do you want to register your design in?
- In the UK
- In the EU
- In countries outside the EU. For information on international registration, please see here.
3. Who will be the registered owner of the design?
The owner of the design can be a company or an individual.
Please note that to register a design, you must be either:-
- the creator of the design;
- the person who commissioned the design; or
- the employer for whom the design was created in the normal course of employment
4. How do you intend to pay for the registration?
We accept bank transfer, cheques (sterling), bank drafts or you can request an invoice via Moneybookers or Paypal.
5. Can you provide photographs or line drawings of your design, recording all relevant profiles, elevations and faces?
Your application will be refused if you fail to meet the formal requirements for presentation:-
- Your photographs or line drawings must be a complete and accurate representation of your design (i.e. where necessary, it should include a number of views from different angles).
- Your images should be clearly labeled, "front view", and so on.
- Your photographs and/or line drawings must be of professional standard.
- Your photographs and/or line drawings of the design must show the design against a white or neutral background.
- The images must be in JPEG or PNG format.
Once you have completed all the formal requirements, we will submit your application to the relevant Registry. Results will usually be published within 2 months.
If there are no objections, your design will be registered within one month. We will notify you as soon as we receive this report. If the examiner objects to your design, you will have at least 2 months to either:-
- argue that the objections are unjustified; or
- try to overcome the objections.
We can make these representations on your behalf if you would like us to do so.
Unless you have requested deferred publication, your design will be published in the official journal three weeks after your registration has been granted.
Since the examination process in the UK IPO or the OHIM only involves an examination of the formal requirements for design registration, throughout the duration of your design's lifespan, your design may be held to be invalid if it is successfully challenged on the grounds that it infringes on the intellectual property rights of a third person.