What is a design ?
A design is the appearance of a product or part of it. It can be the shape of a chair, a lamp, a bottle, the texture of a textile, ornamentation on a product, etc.
In the EU, a design can be granted protection as a Registered Community Design (RCD) if it is new and has individual character. Designs can also exist in some jurisdictions without being registered.
Where can I protect my design ?
As it is the case for trade marks, a design can be protected nationally, regionally (e.g. the Registered Community Design in the EU) or internationally.
Do I need to register my design or can I just use it ?
You don’t need to but we recommend it. Registered designs are easier to enforce and can be granted longer protection. Registered Community Designs can be protected for up to 25 years while Unregistered Community Designs (UCD) are protected 3 years from the date it has been made available to the public (disclosure).
What goods or services can I protect my design for ?
Unlike trade marks, designs are not protected for a clearly defined list of goods and services. Services are not what is being protected by designs. A product (or category of products) needs to be indicated in the application of your Registered Community Design but its protection will not be limited to that particular good.
