Registered designs are intangible assets and are taken into account when determining a company’s value. By obtaining a registered design, you can therefore create a balance-sheet asset for your company and increase its attractiveness to potential investors.

In addition, a registered design gives you the opportunity to enter into licensing agreements and thus generate additional income from the licenses granted. Furthermore, a registered design can form the basis for collaborations with other companies, in which multiple companies agree to the mutual use of their respective designs (also known as “cross-licensing”).

To protect your design, it is recommended that you register a design. To do this, you can register the desired design with a competent office for industrial property rights (e.g. the German Patent and Trademark Office). An application must be submitted and the necessary fees must be paid. After successful registration, you will receive a registered design that grants you exclusive rights.

In some countries, it is also possible to obtain protection for an unregistered design. However, it should be noted that the rights arising from an unregistered design are significantly restricted compared to a registered design. For example, the term of protection offered by an unregistered design is significantly shorter than that of a registered design. In addition, in the event of a potential dispute, you will have to prove that the publication of the unregistered design was carried out correctly. For these reasons, it is more convenient to have the design to be protected officially registered. 

The drawings should only show the design that you actually want to protect. For example, if you want to protect the design of a couch, the drawings should not contain any additional decorative elements, such as flower vases. 

Yes, you can also protect several designs for a product with a single application. A so-called multiple application can be filed for this purpose. For example, a German multiple application can comprise up to 100 individual designs. The fees for a multiple application increase with the number of designs applied for. 

You can use the following checklist to check which documents you need to submit a design application: 

• A photographic or computerized image of the design to be protected (e.g. line drawings)
• An indication of at least one product for which the design is to be used
• Details of the applicant / designer
• A rough idea of the territory to be covered by the design (e.g. Germany, Europe, USA, China, etc.)

Once your design has been registered, no subsequent changes can be made in most countries. If your design has changed significantly compared to the originally registered design, it is possible to re-register the amended design. However, it should be noted that your earlier design may conflict with the legal validity of your new design. 

If someone uses your registered design without permission, this is a design infringement. As the owner of the registered design, you have the option of taking legal action against the alleged infringer in order to stop the infringement and, if necessary, claim damages. As a first step, it is recommended that you discuss the infringement situation with a patent attorney or a specialist lawyer for industrial property rights in order to reduce the risk of misjudgment. If an infringement is established, you can take action against the alleged infringer in various ways. For example, you can first issue a warning letter or take direct legal action against the alleged infringer. 

You can detect a design infringement through regular market surveillance. For example, online searches can be carried out at regular intervals. Participation in trade fairs is also often suitable for detecting a design infringement by a competitor at an early stage. As soon as you discover an infringement of your registered design, you should collect evidence so that you can prove the design infringement if necessary. 

In principle, there is no legal obligation in Germany to hire an attorney for a design application if the applicant is domiciled or resident in Germany. Nevertheless, the involvement of a patent attorney is often recommended so that the scope of protection of the registered design can be adapted to the individual needs of the applicant. We will be happy to assist you with specific questions regarding your design application or, on request, provide you with comprehensive advice on all your concerns relating to design protection.