A registered design grants you exclusive protection for the aesthetic features of your products.
Design protection safeguards the external appearance of a product and protects it against unauthorized use or imitation by third parties. With a registered design, you retain control over your creative creation and can generate economic benefits through licensing, cooperation agreements, or the sale of the design.
Protection Against Imitation
A design protects your product’s appearance from unauthorized copying and imitation by competitors. This preserves the uniqueness and exclusivity of your products in the marketplace.
Increase in Company Value
Registered designs are intangible assets of a company. They enhance corporate value and make your business more attractive to investors.
Monetization Through Licensing
A design can be licensed or sold, generating additional revenue. Companies often use cross-licensing agreements to mutually use designs and create synergies.
Design protection covers the external appearance of a product – regardless of its technical function. In particular, the following can be protected:
Shape and Contours
The characteristic silhouette and proportions of a product.
Patterns, Colors, and Surface Structures
Design elements that define the visual appearance.
Design protection may relate to the following:
Why Is This Important?
A unique product design ensures recognition, strengthens your brand, and protects your creative identity against unauthorized imitation. That is why it deserves protection.
For your registered design to be legally protected, it must meet two essential criteria:
Novelty
The design must not have been disclosed prior to the filing date.
Under certain circumstances, disclosures made by the designer up to 12 months before the filing date may be disregarded (grace period).
Individual Character
Your design must differ from existing designs.
It must not consist merely of minor changes but must create an independent overall impression on the informed user.
Why Is This Important?
Only a design that meets these criteria provides robust protection against imitators and legal certainty in a competitive environment.
Term of Protection for a Design
A registered design provides protection for up to 25 years. The term of protection must be renewed every five years by payment of a renewal fee.
Our experts guide you step by step through the registration process:
Depending on the desired territorial scope of protection, the application is filed with the relevant authority, e.g., the German Patent and Trade Mark Office (DPMA) or the European Union Intellectual Property Office (EUIPO).
The design must be represented by illustrations. In some cases, a single image is sufficient; however, multiple views are often necessary to clearly depict the features to be protected.
The competent office examines only the formal requirements.
It does not assess whether the design is actually novel or possesses individual character. These aspects are only reviewed in the event of a dispute.
After successful examination, the design is entered into the register.
Once registered, you enjoy protection against unauthorized imitation.
If your design is infringed, you may take legal action against third parties and assert claims for injunctive relief and damages.
Within six months of filing, you have the option to extend the protection of your design to additional countries. Various options are available:
Why Is Timely Extension Important?
Your Design Deserves the Best Protection
Design protection is a valuable investment in the future of your company and reflects the quality of your products. Whether as protection against imitation, as a corporate asset, or as a source of licensing income – secure your competitive advantage now!
Do you have questions about patents, trademarks, or designs? Schedule a 30-minute free initial consultation with our patent attorneys here.
